Question: Our employees are entitled to be paid on certain holidays, whether they work or not. If they do end up working, should this pay be included when we’re calculating the regular rate of pay for overtime purposes?

A: According to the Fair Labor Standards Act, if an employee is paid for a holiday regardless of whether they performed any work that day, this compensation doesn’t have to be included in the regular rate of pay. As explained by the Legal Information Institute, just like other types of paid…