Legal Question in Employment Law in Pennsylvania
Overtime compensation
In a 40 hour work period, I had both scheduled vacation time and overtime. I was not paid for the overtime because the vacation time is considered as non-productive time. Is it legal to penalize an employee for using their vacation benefit? Also, in the subsequent 40 hour period, I had the same situation which included overtime on a Sunday. Since this is not a regular work day, should Sunday always be paid overtime regardless of the ''productive'' hours situation?
1 Answer from Attorneys
Re: Overtime compensation
You asked whether overtime must be paid against paid hours or hours worked "on the clock." Non-working hours such as vacation, sick leave or personal time do not count towards over-time. that is unless there is a union agreement or employment agreement that state's otherwise.
The law is very clear on this subject, only hours actually worked are calculated towards overtime.
For example, if an employee took 8 hours vacation or sick time on Monday, and then worked 10 hours per day Tuesday through Friday, s/he would have only worked 40 hours for purposes of calculating overtime. If the employee then went and worked on Saturday (assuming the employer's work week begins 12:01 a.m. Monday) then any time worked on Saturday or Sunday would be calculated at the overtime rate.
Regards,
Roger Traversa
email: [email protected]
phone: 215.279.8940
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