40 hours OT holiday?

[Frodoo]

What is the name of your state (only U.S. law)? Virginia
I am hourly non-exempt. My company has this weird rule. They only pay OT for weeks you have worked over 40 hours. If there is a paid holiday, then they will not pay OT until you have worked over 40, the paid holiday hours do not count as part of the 40 hour week. No time and half, just reqular pay. The paid holiday is part of my work week. Can they legally do that?

 

[Zigner]

What is the name of your state (only U.S. law)? Virginia
I am hourly non-exempt. My company has this weird rule. They only pay OT for weeks you have worked over 40 hours. If there is a paid holiday, then they will not pay OT until you have worked over 40, the paid holiday hours do not count as part of the 40 hour week. No time and half, just reqular pay. The paid holiday is part of my work week. Can they legally do that?

Yes - you didn't WORK over 40 hrs.

 

[eerelations]

The company's "weird rule" is exactly the same as OT law? How weird is that?

 

[cbg]

There is nothing even remotely weird about that rule. It is 100% legal - it is exactly what the law requires, and the very large majority of employers in the US have exactly the same rule.

What I think is weird is expecting to be paid overtime for hours you did not work.

 

[moburkes]

OP is funny. I have no idea why that would be weird.

 

[Frodoo]

I've worked for companies where over 8 hours is OT. Employers today are still wanting 40 plus hours of work for your 32 hour week. Day off or not! They also do the same on a vacation day, no OT. I would say that is weird, in a cheap skate way. The time is mine, holiday or not. You guys are saying tuff beans that is legal! Legal is not always fair, thanks for the replys.

 

[cbg]

If you've been working for companies that have been granting overtime on hours paid rather than on hours worked, you have been extraordinarily lucky. Same with over 8 in a day. Nothing in either the spirit or the letter of the law requires that. Overtime is based on hours WORKED, not on hours PAID, and you are quite wrong that you are either legally, morally or ethically owed overtime for hours you do not work, regardless of whether the time was paid or not.

So yes, tough beans. It is legal. It is also fair, ethical, morally correct, and right. You are not owed a premium for time you did not work under any basis.

 

[pattytx]

Yep, tough beans it is. We can't make laws that don't exist. Your company is following the law, whether you think it fair or not. You don't like it, lobby your state legislator.

 

[Frodoo]

Yeah well, working X-mas day used to be double time and a half. Maybe I've had good employers, like you say.