Reader Paul posted thw following question on this site (here; July 4, 2024 at 9:34 pm). My answer follows.

In my job, my normal schedule is 12hr shifts. I work 36 hrs one week and 48 hours the next week. We have 8 hrs built in OT on the last day of the pay period, anything over 80 hrs it’s OT. We get 8 hrs at 1 1\2 pay on holidays. If the holiday falls on the 36 hr week, we get the holiday pay and our OT. If the Holiday falls on a work day on the 48 week, we get the Holiday pay for 8 hrs and then they cut out our OT on Sat, they say that is pyramiding. What is your opinion?

My answer:

Charles Krugel cak1@charlesakrugel.com

Jul 9, 2024, 2:27?PM
to ___________________

Hi Paul,

Yes, it’s probably pyramiding because most payroll laws & systems only pay straight time on holidays, not a premium rate (E.g., OT). Anti-pyramiding rules are intended to do away with such premium pay. The underlying rationale is that workers only get straight time for holidays, vacation days, personal days & sick days. Otherwise, the employees are getting a premium rate on days they don’t work.

—

Charles A. Krugel

www.charlesakrugel.com               

Human Resources Attorney & Counselor
Labor & Employment Law on Behalf of Business

312-804-3851
cak1@charlesakrugel.com
Chicago