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February 2012 Moms
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NBR - Overtime pay question

preggersINschool25preggersINschool25 member
in February 2012 Moms

My husband works for a company that pays him double time on holidays.  So, he was paid 2x for Monday's work (8 hrs).  He worked 48 hours in total that week.  His work weeks go from Sunday - Friday.  He was paid 40 hours of regular pay and 2x pay for 8 hours.

Seems to me that overtime should start counting after the first 40 hours worked, so he should have started making over time at 32 hours of regular pay.

Sunday 8 hours
Monday 8 hours  Holiday pay
Tuesday 8 hours
Wednesday 8 hours
Thursday 8 hours
Friday 8 hours (and I think this should be overtime)

Or am I mistaken?  Is overtime just for time worked over 40 hours in a week and they can give you that pay on any day?  

 



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Re: NBR - Overtime pay question

  • noryangnoryang member
    It depends on the company. UPS, for example, used to start overtime at 8 hours and 1 minute rather than at 40 hours. In this case, OT and holiday pay are not likely to be paid concurrently, because those 8 hours on Monday can't count for holiday AND OT.
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  • SeptemberBride'08SeptemberBride'08 member
    Depends on the company but typically from what I've seen you get one of the two, not both. Typically holiday pay is more per hour than OT. He'd have to review his contract about OT and holiday pay or ask HR
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  • jmccall79jmccall79 member
    I would think that he'd get Holiday pay for Monday, if that's how they do it...but he should also get OT for Friday, because it is technically overtime, if they pay overtime.  Not all companies pay overtime, and not all companies pay holiday.

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  • preggersINschool25preggersINschool25 member

    His company policy is to give holiday pay and in the U.S. it is required that an employer give 1.5x pay for hours worked over 40.

    I wouldn't think they could combine the two (holiday pay and overtime pay) since he wasn't over 40 hours on Monday. 

    I mean, really this is a matter of $55... But still.  He volunteered to work Friday thinking he would be making overtime and now that he found out he just got paid at regular rate it is kinda lowering his spirits. 



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  • mac&chipmac&chip
    My DH's company does it at 40+ hours. But a holiday doesn't count in the 40+ (it's a paid holiday). So he'd still have to work an additional 8 to reach the 40.
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  • preggersINschool25preggersINschool25 member

    imagemac&chip:
    My DH's company does it at 40+ hours. But a holiday doesn't count in the 40+ (it's a paid holiday). So he'd still have to work an additional 8 to reach the 40.

    He worked worked the holiday, and that's why he got the 2x pay.

    I should have clarified that he actually physically worked on monday the holiday. 



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  • JenJH923JenJH923
    I'm an RN and my overtime pay is by the pay period. If I go over 80 hours in a pay period I get overtime. So, if I work 20 hours one week and 60 the next it's not overtime. Even if I work 80 hours one week and 0 the next.. still not. Every job is probably different though.
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  • preggersINschool25preggersINschool25 member

    imageJenJH923:
    I'm an RN and my overtime pay is by the pay period. If I go over 80 hours in a pay period I get overtime. So, if I work 20 hours one week and 60 the next it's not overtime. Even if I work 80 hours one week and 0 the next.. still not. Every job is probably different though.

    Are you in the US?  Because I'm pretty sure that is against the U.S. Department of Labor laws.  It states that anything over 40 hours worked in a workweek should be overtime

    https://www.dol.gov/dol/topic/wages/overtimepay.htm 



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  • preggersINschool25preggersINschool25 member

    Nevermind.  There are exceptions like hospitals.

    https://www.dol.gov/elaws/faq/esa/flsa/011.htm

    For covered, nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay at a rate of not less than one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek. Some exceptions to the 40 hours per week standard apply under special circumstances to police officers and firefighters employed by public agencies and to employees of hospitals and nursing homes.

    Some states also have enacted overtime laws. Where an employee is subject to both the state and federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher rate of pay).


     



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