Paying Overtime

Pay overtime for hours actually worked over 40 hours in the workweek. You are not required to include as hours worked paid time off (holidays, vacation days). Do not substitute paid nonwork hours for work hours to make all hours straight time, thus avoiding overtime pay.
Example: Julia works 12 hours a day the first 4 days of the workweek, but not on the 5th day, a holiday, for which she is paid for 8 hours. She is correctly paid 40 hours’ straight time + 8 hours’ overtime + 8 holiday (nonwork) hours. Julia’s employer cannot substitute the 8 hours’ holiday pay for the 8 hours’ overtime to avoid paying the overtime rate.

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