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Got Overtime?
California labor law is on your side. If you think that you are owed overtime pay or suspect some other type of labor violation, please fill out the Free Overtime Case Evaluation Form.
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.
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.