Around this time of year, employers are faced with many payroll questions due to holiday and vacation pay. And we have the answers!

Question: Should we include holidays, PTO, vacation, or other leave taken during the workweek in calculating overtime premium pay under FLSA rules?

Answer: No. Because holiday, PTO, and vacation hours are not actually hours worked they do not count towards overtime pay.

Under the Fair Labor Standards Act (FLSA), an employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Unless specifically exempted, employees covered by the FLSA must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. The key consideration for premium pay under the FLSA is whether or not the employee actually works more than 40 hours in the workweek, not just that he or she is paid for more than 40 hours in the workweek. Read more!

At SmartPayroll Solutions, we help our clients stay compliant by finding answers to their payroll questions and helping with HR dilemmas. You can stay connected and get those answers by signing up for our newsletter AND by subscribing to our comprehensive suite of HR tools and services.