Yes they can do this. It would be the same as if you worked 40 hours but also asked for a draw on your vacation time. Overtime is only for actual hours worked. So if you worked 42 hours literally and also had 8 hours of holiday pay then you would receive 48 hours of straight pay and 2 hours of overtime. Therefore, they do not have to pay you holiday pay if you work that holiday, only any overtime accrued. Some companies do offer special pay as an incentive for employees to work but it is not mandatory like many people think. The Fair Labor Standards Act (FLSA) is the "main pay law" so to speak, because it regulates equal pay, minimum wage and overtime pay. It doesn't regulate or require holiday pay or holiday time off. It also doesn't require more than the standard rate for holiday overtime work. In other words, under the FLSA, holidays are the same as any other workday regarding hours and pay.
Sorry you didn't get the answer you wanted, Susu
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Submitted 157 days ago...
Paying straight time on overtime hrs
Our company has infomed us that holiday hrs (8) will not be included in our 40 hr work week. we will not get paid any over time unless we work 40 hrs the holiday (8hrs ) is not included. my hrs are 6:30am to 4:30 pm mon. through friday. since friday is a holiday , i will only be paid straight time for the overtime hrs worked mon through thursday. can they do this, not pay overtime for the days i did work overtime.
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