if i have overtime but work a holiday can they take my holiday pay because I got overtime?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

if i have overtime but work a holiday can they take my holiday pay because I got overtime?

check has been short and I have not been receiving my holiday pay and if I use my
PTO hours they take overtime away.

Asked on September 19, 2016 under Employment Labor Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you have a paid holiday, you must be paid for it, BUT it does not count for overtime--only time spent actually *working" (not holiday hours, sick leave, vacation time, etc.) counts for overtime. So say you worked 8 - 6 (10 hours a day) Tuesday to Friday (for 4 days) one week, but Monday received 8 hours paid holiday time without working. You only *worked* 40 hours, and so get no overtime. You will be paid for 48 hours of work at your base rate: 40 hours of actually working, and 8 hours holiday.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption