If I work 45 hours and have 8 hours PTO, do I get overtime?

Under FLSA, only the 45 hours you actually worked count toward overtime. Since 45 > 40, you'd receive 5 hours of overtime pay. The 8 PTO hours are paid separately at your regular rate. So you'd get 40 hours regular pay, 5 hours overtime (1.5x rate), and 8 hours PTO pay.

Can my employer require overtime instead of giving PTO?

Employers generally cannot substitute overtime work for PTO you've requested and that's been approved. However, they can deny PTO requests based on business needs, which might result in you working overtime instead. They must still pay you overtime rates for hours worked over 40.

Does holiday pay count as hours worked for overtime?

No, holiday pay for time not worked doesn't count toward overtime calculations under FLSA. Only actual hours worked count toward the 40-hour overtime threshold. If you work 35 hours and receive 8 hours holiday pay, you've worked 35 hours, not 43 hours, for overtime purposes.

What about comp time instead of overtime pay?

Comp time (compensatory time off) is generally only allowed for public sector employees, not private sector employees. Private sector employees must be paid overtime wages (1.5x regular rate) for hours over 40. Some exceptions exist, but they're limited.

Do PTO hours affect my overtime rate calculation?

No, PTO hours don't affect your overtime rate calculation. Your overtime rate is based on your regular hourly rate, calculated from hours actually worked (excluding PTO). If you receive bonuses or commissions, those may affect your regular rate and thus your overtime rate.

If I work 45 hours and have 8 hours PTO, do I get overtime?

Under FLSA, only the 45 hours you actually worked count toward overtime. Since 45 > 40, you'd receive 5 hours of overtime pay. The 8 PTO hours are paid separately at your regular rate. So you'd get 40 hours regular pay, 5 hours overtime (1.5x rate), and 8 hours PTO pay.

Can my employer require overtime instead of giving PTO?

Employers generally cannot substitute overtime work for PTO you've requested and that's been approved. However, they can deny PTO requests based on business needs, which might result in you working overtime instead. They must still pay you overtime rates for hours worked over 40.

Does holiday pay count as hours worked for overtime?

No, holiday pay for time not worked doesn't count toward overtime calculations under FLSA. Only actual hours worked count toward the 40-hour overtime threshold. If you work 35 hours and receive 8 hours holiday pay, you've worked 35 hours, not 43 hours, for overtime purposes.

What about comp time instead of overtime pay?

Comp time (compensatory time off) is generally only allowed for public sector employees, not private sector employees. Private sector employees must be paid overtime wages (1.5x regular rate) for hours over 40. Some exceptions exist, but they're limited.

Do PTO hours affect my overtime rate calculation?

No, PTO hours don't affect your overtime rate calculation. Your overtime rate is based on your regular hourly rate, calculated from hours actually worked (excluding PTO). If you receive bonuses or commissions, those may affect your regular rate and thus your overtime rate.

PTO and Overtime - Understanding the Relationship

Learn how PTO interacts with overtime calculations under federal law and employer policies. Understand whether PTO hours count toward overtime, how FLSA rules apply, and how to maximize your compensation when using paid time off and working overtime.

Does PTO Count Toward Overtime?

Under the Fair Labor Standards Act (FLSA), overtime is calculated based on hours actually worked. PTO, vacation, holidays, and sick leave are not considered "hours worked" for overtime calculation purposes. This means if you take PTO during a week, those hours don't count toward the 40-hour threshold for overtime. Only the hours you physically work count toward overtime eligibility.

Example Calculation

If you work 32 hours and take 8 hours of PTO in a week, you have 40 total paid hours but only 32 hours worked. If you then work 10 more hours, you've worked 42 total hours. Under FLSA, only 2 hours would be overtime (42-40=2), not 10 hours (50-40=10). You would receive 32 hours regular pay, 8 hours PTO pay, and 2 hours overtime pay.

Employer Policies May Differ

While FLSA sets the minimum standard, some employers have more generous policies that count PTO toward overtime calculations. Some employers may offer enhanced benefits or different calculation methods. Check your employee handbook or ask HR about your company's specific policy regarding PTO and overtime.

State Laws and Variations

Some states have overtime laws that differ from federal requirements. A few states may have different rules about how PTO interacts with overtime, including daily overtime requirements. California, for example, requires daily overtime for hours over 8 in a day, and some states have weekly overtime thresholds different from 40 hours. Always check your state's labor laws for specifics.

Strategic Use of PTO with Overtime

Understanding how PTO affects overtime can help you plan your time off strategically. If you want to maximize overtime pay, avoid taking PTO in weeks when you plan to work extra hours. Conversely, if you're approaching an accrual cap, using PTO strategically can help you maintain your balance while still earning overtime when you work additional hours.

PTO and Overtime - Understanding the Relationship

Does PTO Count Toward Overtime?

Example Calculation

Employer Policies May Differ

State Laws and Variations

Strategic Use of PTO with Overtime

Frequently Asked Questions

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