Should overtime eligible staff be paid OT if made to work after the rest of the staff is released for early holiday closing?

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Should overtime eligible staff be paid OT if made to work after the rest of the staff is released for early holiday closing?

My company has established that we are closing early for the upcoming holiday weekend, with the exception of phone support staff (me). We are eligible for overtime. Since the early closing time is documented, should we receive overtime for time worked after the early closing (2 pm). Would there be a section in the code books that I can refer to?

Asked on August 28, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under federal or national law, overtime is due when nonexempt staff work more than 40 hours in a work week. Under CA law, it's also due for working more than 8 hours in a day. Neither set of laws, however, requires overtime when working after a holiday (or other closing)--all that matters is the total number of hours worked, not if the plant or place of business were otherwise closed and other staff sent home.


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