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Bobby

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Boblew69

Junior Member
What is the name of your state (only U.S. law)? Florida
I work for a company that does mandatory saturdays overtime in the summer on this week in question I worked 40 hours saturday was 3 hours overtime I called in sick Monday was 4th of July a holiday they used my 3 hours sick time for a overtime day and didn't pay me for the holiday cause they said I didn't work the day before and the day after is that legal??????
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Florida
I work for a company that does mandatory saturdays overtime in the summer on this week in question I worked 40 hours saturday was 3 hours overtime I called in sick Monday was 4th of July a holiday they used my 3 hours sick time for a overtime day and didn't pay me for the holiday cause they said I didn't work the day before and the day after is that legal??????
How does your question fit into the "workplace injuries & worker's compensation" category of this forum? It seems a better place would be in the Wages section.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Florida
I work for a company that does mandatory saturdays overtime in the summer on this week in question I worked 40 hours saturday was 3 hours overtime I called in sick Monday was 4th of July a holiday they used my 3 hours sick time for a overtime day and didn't pay me for the holiday cause they said I didn't work the day before and the day after is that legal??????
I agree with Quincy about this being the improper forum.

With that said, your question is a pretty straight-forward, easy one to answer: Yes, that's perfectly legal.
 

quincy

Senior Member
I agree with Quincy about this being the improper forum.

With that said, your question is a pretty straight-forward, easy one to answer: Yes, that's perfectly legal.
I thought it was pretty straight-forward, as well, although the lack of periods in the post was a bit confusing. :)
 

Zigner

Senior Member, Non-Attorney
For clarification (for the OP), Saturday isn't automatically overtime. If you actually WORK less than 40 hours during the work-week, then you haven't worked any overtime.

As for the policy of not paying the holiday - that's perfectly legal. The law doesn't require that it be paid.
 

cbg

I'm a Northern Girl
And even when an employer does pay for holidays, it does not count as hours worked for overtime purposes.
 

Zigner

Senior Member, Non-Attorney
And even when an employer does pay for holidays, it does not count as hours worked for overtime purposes.
Yep - I tried to cover it with my "...actually WORK..." comment, but the clarification is a good thing :)
 

cbg

I'm a Northern Girl
Here's some more clarification:

Bobby, unless a legally binding and enforceable contract - not an employee handbook, not a policy, not past precedence, but a CONTRACT - expressly and in so many words guarantees paid holidays, as a non-exempt employee you are NEVER due them by law. No matter what days of the week you worked, how many hours you worked, or when the holiday falls; it is 100% up to your employer whether to provide you with paid holidays or not. This is true in all 50 states and in the District of Columbia.

With the same qualifier, you are not due overtime unless you WORKED over 40 hours in the workweek. It makes no difference what days of the week you worked or how many days you worked or how many hours you got paid for; in your state, in 46 others and in the District of Columbia, unless you WORKED more than 40 hours you are not due overtime by law.

The states that are exceptions to the second paragraph are California, Nevada and Alaska. There are some exceptions even in these states; there are also some industry specific exceptions in other states. If you believe you are in one of the industries that has such an exception, you'll need to tell us what industry you are in.
 

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