As an employer, we have various people work overtime and take vacation in the same week. Not uncommon at all, really. Do their vacation hours allow them to be considered for overtime?
For example, Mon-Thur they work 35 hours. Then on Friday they take an 8 hour vaction day. Do they get 40 hrs regular time and 3 hours overtime?
We have an irregular schedule here and work 7-4 Mon-Thur and then work 7-1 on Friday (w/out Lunch). Our issue is that most people take vacation on Friday... and it's really only a six hour day. If people take vacation on a Friday, they end up having 34 hours plus 8 hours vacation. We all do it, so it's not really "over-time," but it's technically over 40 hrs.
What should I do as management? If you can, please back up your answers with some gov't information.
2007-12-17 04:55:34 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I don't have legal links but when I was a manager years ago the vacation was consider vacation and their work hours was regular time and not counted together. So if they exercised 16 hours vacation and worked 40 hours they got paid for 40. If it were illegal, and I hope not, I think my home office would have said something.
But good luck with this.
2007-12-17 05:02:24 · answer #1 · answered by Slick 5 · 0⤊ 0⤋
Overtime, everywhere I have worked is not paid when combined with vacation pay unless you work over 40 hours for the week not counting your day off. I don't know if there are federal guide lines for this. I am guessing in non union shops, policy is set by the company.
2007-12-17 05:17:47 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It depends on company policy. Some say OT only after 40 hours WORKED, therefore, if you had vacation, you would get paid for the OT but as regular pay (not time and a half) (provided you get paid for vacation days). Other companies may say ok, pay the OT at time and a half. But legally - you must be paid for hours worked one way or another.
2016-03-16 01:44:11 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Overtime is paid only for hours over 40 worked-
Pasted from link below:
An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest.
http://www.dol.gov/dol/topic/wages/overtimepay.htm
in your example- your employee is paid 35 hrs reg and 8 hrs vacation
2007-12-17 05:01:34 · answer #4 · answered by tnfarmgirl 6 · 0⤊ 0⤋
No, they are not. Overtime is based off of hours worked, not off time card hours. Vacation hours are not worked hours and thus do not count towards figuring overtime.
http://www.dol.gov/dol/topic/workhours/overtime.htm
The key word in here is 40 hours of WORK.
2007-12-17 05:00:20 · answer #5 · answered by KD 5 · 0⤊ 0⤋
You raise some good points in your question.
2016-08-26 12:17:16 · answer #6 · answered by Anonymous · 0⤊ 0⤋
That's not right
2016-07-30 10:06:06 · answer #7 · answered by ? 3 · 0⤊ 0⤋
It is possible definitely
2016-09-19 19:00:01 · answer #8 · answered by Anonymous · 0⤊ 0⤋