If a nonexempt employee is sick one day of the week but works some extra hours and is paid for more than 45 hours that week, does the employee get overtime?
Paying Overtime: 10 Key Exemption Concepts
Only one thing really matters in the determination as to whether or not an employee is exempt: The duties the employee performs. Learn how to avoid costly, preventable mistakes with our free White Paper, Paying Overtime: 10 Key Exemption Concepts.
No. Only hours actually worked count in the overtime calculation. Therefore, holidays not worked, vacation days, and sick days are not counted. That an employee receives holiday pay, vacation pay, or sick pay is of no consequence for overtime purposes. The test is hours worked rather than hours paid.
In California, if the employee’s extra hours amounted to more than eight in a day, overtime would be required for those hours. — CELA Editors