QUESTION

An employee is paid overtime rate for working holiday do these hours have to be added to other worked hours for week for overtime purposes.

Asked on Jun 13th, 2012 on Labor and Employment - Ohio
More details to this question:
Our company pays employee time and half to work the holiday plus 8 hours holiday pay. The hours worked on the holiday and the 8 holiday hours are not counted towards the hours worked to reach 40 to start overtime rate. is this correct? I do understand that the worked holiday hours are already paid at the overtime rate so I am not sure if that would be considered double paying for the same hours.
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1 ANSWER

Employment Law Attorney serving Chicago, IL
Partner at Goldman & Ehrlich
4 Awards
Only hours that are actually worked are counted to see if an employee worked more than 40 hours in a week.  If the employer gave you a bonus for working holidays of an extra 8 hours pay on top of the overtime rate, or simply paid you for 8 hours on week day holidays though you did not work, these hours do NOT count towards overtime calculation because you did not actually work those hours.
Answered on Jun 14th, 2012 at 2:11 PM

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