Overtime Including Sick Days or Holiday Hours

I worked 8 hours each day for Monday, Tuesday, Wednesday, Thursday, was out ill on Friday and then Saturday. For that week, I was paid for 48 hours of work. Would I be entitled to 8 hours of overtime?

No. You would not be entitled to 8 hours of overtime wages because overtime is calculated upon actual hours worked. You only worked 40 hours during that week, but were paid for 48 because you received regular pay for sick days. You would not have grounds to file an overtime wage claim in California. For holidays, you are also paid your normal wages, but do not work. When you do not actually work but are still paid, those hours are not included in determining pay for overtime.

If you have a question about California overtime law or want to file an overtime wage claim, contact Strauss & Strauss APC now.

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