got overtime?

Law Offices of Michael Tracy
"If the exemption doesn't fit, the employer must remit."

1-866-GOT-OVERTIME

I had a holiday that I did not work, but was paid for. I then worked 40 hours in the week, but the employer only paid me at straight time, is this right?

Yes, overtime is only based on hours worked, not on hours paid. Thus, if you received 8 hours of holiday pay, it has not affect on overtime at all. You still need to work 40 hours in the week before you are entitled to overtime pay.

My employer paid me 8 hours of sick time and I then worked 40 hours in the week. My paycheck shows 48 hours of straight time, isn't this illegal?

No. Overtime is only based on the hours you actually work. Sick, vacation, holiday, or any other hours that you are paid for but do not work are not counted for overtime purposes. Thus, it is possible that you legally are paid for 48 hours of straight time if 8 of those hours were non-working hours.

 

 

 

 

Overtime Updates
January 2017: New minimum wage laws and overtime exemptions
December 2016: New federal regulations for overtime create confusing issues for California workers
New Computer Professional Law wage increase Jan 01, 2015
August 2013: Unpaid internships are illegal.
April 2013: California's executive exemption defined.
California Labor and Employment Law Blog
Meal Break violations can extend back four years
Information Technology (IT) overtime.
VIDEO LINK: Michael Tracy discusses Liquidated Damages for Overtime (QuickTime 6MB)
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This website only provides general information about the overtime laws in California and is not meant to be legal advice and does not serve to establish an attorney-client relationship. Please note that labor laws are constantly changing and being interpreted by the courts and you should consult with an attorney to ensure that you have the most up-to-date information. Any statements, on this page or elsewhere, are not guarantees of any outcome. Michael Tracy is a licensed attorney only in California. Click to see Privacy Policy.