Is it legal if my employer does not pay for overtime when a vacation, sick or holiday occur in the same week?

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Is it legal if my employer does not pay for overtime when a vacation, sick or holiday occur in the same week?

For example, New Year’s day was considered paid holiday of 8 hours. I also took a 8 hours of vacation in the same week. Including those 16 hours, I had a total of 42.5 hours for the week. My employer paid 16 hours holiday and 26.5 hours straight time.

Asked on January 4, 2016 under Employment Labor Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

 In this situation, even though you did not work on the holiday your employer chose to pay you for it, which it has the legal right and discretion to do. However, the determination of whether overtime pay is due is based upon actual hours worked (more than 40 in a workweek) and not upon pay received. Accordingly, since you didn't work more than 40 hours in the week, you are not entitled to any overtime pay.


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