Wanna know how to calculate overtime pay with vacations and holidays? Hi, I’m Micah Longo, I’m a Florida employment lawyer practicing law here in Davie, Florida.
Fair Labor Standards Act requires employers to pay non-exempt employees time and half the regular rate for all hours worked over 40 in a work week. The regular rate is a rate per hour that is determined by dividing the total pay in any workweek by the total number of hours actually worked by him in that workweek for which such compensation was paid. So for a salary worker, the regular rate would be calculated by dividing the weekly pay by 40 hours.
Employers do not have to count paid holidays, paid time off, vacation, personal and sick leave hours taken by an employee toward the calculation of the overtime requirement because these hours are not actually worked and are therefore not considered as hours counted towards overtime under the FLSA.
Also, the FLSA does not require overtime pay for work on weekends, unless overtime hours are worked on such days. In other words, the FLSA does not require extra pay for weekend or night work or double time pay.
If you have questions about calculating overtime pay, or any other employment law matter, I invite you to pick up the phone and call me, I’d love to talk to you. You can also check out our website at longofirm.com for more information, and don’t forget to subscribe to our channel!
The Longo Firm
12555 Orange Drive, Ste. 233
Davie, FL 33330
Tel: (954) 862-3608