Legal Question in Employment Law in California
The company I work for pays time and a half for hours I work on the holiday however I work fifty hours in a week and they say the ten hours I "worked" on the holiday does not accrue towards overtime pay
If as a company policy they voluntarily pay time and a half for holiday hours worked say on a Monday and by Friday I have worked fifty hours am I deemed to have worked ten hours overtime?
1 Answer from Attorneys
As long as the employer has paid time and a half for the number of hours you have worked in excess of 40 hours per week, the employer has complied with the law. So in your example you would be entitled to ten hours at time and a half under the law, not ten plus the holiday hours. The employer can elect not to count the time and a half hours during the holiday against the time and a half obligation for over 40 hours, but they are not obligated to under the law. The law only requires 1.5x pay for time over 40 hours and 2x over 60.
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