这是一个有趣的小雇主谜语：一周内他们已经工作了40个小时，雇员将​​获得一天的假期薪水。那个员工加班了吗？为了回答这一点，您需要在同一周内了解假日薪水和加班的规则。

继续学习：

• What is overtime?
• 什么是假期工资？
• How to handle holiday pay and overtime in same week.

What is overtime?

Overtime, also calledtime and a half，如果员工在工作周中工作超过40个小时，则可以收到付款。

根据《公平劳工标准法》（FLSA），非发行在工作周中，员工有权获得每小时40多个工作时间的定期工资的1.5倍。非雇员是每年不到35,568美元的工人，不收到薪水，或者没有被认为是豁免的工作职责。

Let’s say a nonexempt employee works 48 hours in a workweek. They receive regular wages for their regular 40 hours of work. For the other eight hours (48 – 40), they are entitled to 1.5 times their regular rate of pay.

Keep in mind that there are alsoovertime laws by statethat may require overtime pay if an employee works a certain number of hours in a day. For example, California requires employers to give nonexempt employees overtime for any hours worked beyond eight in a day.

Overtime tends to trip up employers. There are a number of nuances when it comes to overtime, such as:

• Overtime for tipped employees
• Weighted overtime
• Overtime for employees who work a波动的工作周

有了这么多加时赛规则和规定，很自然地想知道假日薪水和加班如何共同努力。

那么，假日薪酬对加班的计数有吗？这是您的简短假期薪酬回顾，然后我们得到这个答案……

什么是假期工资？

There is no federal rule that requires employers to give employees paid or unpaid time off on holidays (e.g., Christmas, Thanksgiving, etc.). And, there isn’t a federal rule that says employers must give employees who work holidays special pay.

However, some employers choose to provide holiday pay. Holiday pay can beeither:

1. A form of paid time off (PTO) an employee receives on a holiday
2. A premium rate (e.g., overtime or double-time pay) an employee receives for working on a holiday

For the purpose of this article, we’re going to focus on the first definition of holiday pay, aka holiday pay as a type of paid time off.

那么，您可以在同一周获得加班和假期付款吗？您的员工想知道。而且，您合规的工资也需要知道。

Handling holiday pay and overtime in same week

如果你想知道如何overtime is calculated when there is a holiday (and the employee has said holiday off), this part is for you.根据《公平劳工标准法》, holiday paydoes not counttoward an employee’s overtime calculation.

Why? Because the FLSA overtime calculation looks at hours worked. Holiday pay as a form of “paid time off” does not count as hours worked since, well, the employee isn’t working.

同样，其他类型的带薪休假，例如假期，病假时间和个人休息时间也不计入加班计算。

假设一名非雇员在星期一至周四工作。每天，员工每天工作10个小时，总计40小时。星期五，员工将获得八个小时的假期薪水。员工本周的总“小时”为48。但是，其中只有40个是“工作”的时间。其他八个是假期。

Under federal law, you do not have to pay the employee an overtime rate for the extra eight hours of holiday pay since the employee doesn’t work these hours. But remember, your state may require overtime for the extra hours worked per day.

Let’s look at another example. Say an employee works Monday through Thursday. This time, they work 11 hours per day for a total of 44 hours. On Friday, the employee receives eight hours of holiday pay. Because the employee works 44 hours, they are entitled to four hours of overtime pay. Again, do not include the eight hours of holiday pay in their overtime calculation.

What about employees who work on a holiday?

For fun, let’s look at what happens for an employee working overtime on a holiday. Say an employee works 40 hours in a workweek和works eight hours on a holiday—at a premium rate. The premium rate is 1.5 times the employee’s regular wages for working on a holiday.

The question:Do overtime and holiday pay stack?

答案：No. If an employee working on a holiday already receives a premium rate of 1.5, the employee is not entitled to an additional overtime rate for the holiday hours.

According to the Department of Labor, an employee’s regular rate (when calculating overtime) does not include:

由员工在星期六，星期日，假期或正常休息日或工作周的第六天或第七天支付的额外补偿费用为雇员支付的额外赔偿金时间是在其他日子在非加时时间内进行的像工作一样真诚地建立的费率。”

Get everyone on the same page with a policy

Calculating overtime pay and holiday in same week can be tricky for employers和employees alike. To make sure your employees know what to expect when it comes to holiday pay and overtime in same week, put it in your policy.

您的政策应详细说明：

• 哪些日子员工休假（如果适用）
• If holidays are paid or unpaid
• Whether employees are entitled to premium pay for working on holidays
• What happens if a holiday falls on a weekend or a day employees already have off

This is not intended as legal advice; for more information, please点击这里。