Overtime Calculation with Holiday hours

[SCGator]

I have a client that typically has overtime for his hourly employees. Problem is, he has one employee with 43.50 hours worked and 8 hours holiday pay. My thought is there are 32.00 regular hours, 8 holiday hours and 11.50 overtime hours. The law is relatively unclear and cannot directly find a reference to this. In talking with the DOL, the person refused to give me a definitive definition as to the treatment of these hours. In calling a direct adviser, they kept me on hold, totaling 2.5 hours so far, and I'm at wits end trying to get a firm answer.

Can anyone help with this please? Thanks in advance.

 

[cbg]

Overtime is based on hours WORKED, not on hours paid, and there is no requirement that he be paid holiday hours under the law. The law will be satisfied if he is paid for 40 regular hours and 3.5 overtime hours. Anything else beyond that is between the employee and the employer. The DOL is not interested in how holiday hours are paid, which is probably why they are refusing to give you a definite answer - it's not their business.

 

[Betty3]

US DOL fact sheet re OT:

http://www.dol.gov/whd/regs/compliance/whdfs23.pdf