Should OT paid because of a holiday count towards hours worked for over 40 hour OT?

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Should OT paid because of a holiday count towards hours worked for over 40 hour OT?

Long story short is I worked 12 hours on Monday July 4th, 12 hours Tuesday, 12
Friday, and 12 Saturday 48 during work week. We do get paid 150 for hours
worked on a holiday. First day in work week Now HR is stating that those hours
that were paid at 1.5 times are not counted into the normal 40 hour Overtime.
With my calculations I should have been paid 28 hours at straight time and 20
hours OT. I know they are not obligated to pay 1.5 on a holiday, but can they
stop adding that time into the 40 hour work calculation because they did pay it?
Thanks in advance for your time.

Asked on July 27, 2016 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, paid holiday hours do not count as "work hours" and so do not count towards the calculation of overtime. Only time actually spend working, not merely time you are paid without having to work (whether paid holidays, paid vacation, paid sick leave, etc.) counts for determination of overtime.


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