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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 34884
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Good afternoon, our employee isnt satisfied about his payroll

This answer was rated:

Good afternoon,
our employee isn't satisfied about his payroll statement of last week.
He did work 35 hours and we paid him 8 hours for Labor Day.

Our tax accountant gave to us following numbers....
35 hours paid with his hourly wage +
8 hours Labor Day, paid with his hourly wage.

Now our employee is telling us that we had to pay him 40 hours regular and 3 hours overtime....(he didn't work Labor Day)

Who is right?

Thanks for your answer in advance

Good afternoon Margit,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Presuming that the employee is an hourly wage employee and not exempt from overtime, your accountant is correct and the employee is incorrect.

Only hours actually worked are subject to overtime pay under federal and state law. The fact that the employee did not work Labor Day, and you gave him the day off with pay, you only need to pay straight time for those hours.

Here is a link to the Department of Labor site which states that only actual hours worked must be considered for overtime:

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LawTalk and other California Employment Law Specialists are ready to help you
Hi Margit,

In follow up, if you did not see my link I posted, here is a link to the Department of Labor site which states that only actual hours worked must be considered for overtime:


You may reply back to me again if you have additional questions, and I will continue to assist you.

I wish you the best in your future,


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