Overtime calculation include Employer Closed days?

Provided by:  Jennifer Kirschenbaum, Esq.

October 7, 2020

Question:

Hi Jennifer, 

If we pay hourly employees for a day WE elect to close, do those hours count in that week towards the overtime calculation?  
 
Thank you in advance.

Dr. K
 
Answer:

Employers do not have to count paid holidays, paid time off and the like toward the calculation of the overtime requirement, because these hours are not actually "worked" and are therefore not considered as hours counted toward overtime under the Fair Labor Standards Act.

https://www.dol.gov/general/topic/wages/overtimepay