Does a holiday count as a day worked when calculating overtime pay?

No. Holiday pay does not count as “hours worked” for overtime purposes. Under California wage orders, overtime is based only on “hours worked,” defined as time during which the employee is subject to the employer’s control or permitted to work.

Time off for holidays — whether paid or unpaid — does not qualify as hours worked and is not included in overtime calculations. This also applies to vacation, paid time off and sick leave. For example, if an employee works four eight-hour days after a holiday, only the hours actually worked count toward overtime.

Read about Vacation, Paid Time Off and Holidays in the HR Library.