40-hour weekly overtime threshold (FLSA_WEEKLY_THRESHOLD = 40)
- Appears in
Tool's math layer —
FLSA_WEEKLY_THRESHOLD = 40- Source (primary)
- https://www.law.cornell.edu/uscode/text/29/207
- Verified
- May 24, 2026single source
Holiday Pay Calculator
Fact Check: Holiday Pay Calculator
Verified May 24, 2026Methodology
Summary
All 13 verifiable claims verified against Tier-1 sources (Cornell LII proxies of the U.S. Code + eCFR, the Rhode Island legislature, the Massachusetts legislature). The two modeled-data constants in the tool's math layer (FLSA_WEEKLY_THRESHOLD = 40 and FLSA_OT_PREMIUM_MULTIPLIER = 0.5) match the federal overtime statute and its half-rate top-up convention. The §778.211 / §778.209 / §778.216 quotations and the §207(e)(2) / (6) / (h)(2) treatments are exact or accurately paraphrased. One claim (the August 17, 2025 RI DLT regulation effective date) was not confirmable via primary sources this pass and is marked Unverifiable; the methodology's language is appropriately soft on this point.
Claims — Modeled-data thresholds
2 claims
0.5× overtime-premium multiplier (FLSA_OT_PREMIUM_MULTIPLIER = 0.5)
- Appears in
Tool's math layer —
FLSA_OT_PREMIUM_MULTIPLIER = 0.5- Source (primary)
- https://www.law.cornell.edu/uscode/text/29/207
- Source (secondary)
29 CFR §778.209 — https://www.law.cornell.edu/cfr/text/29/778.209
- Verified
- May 24, 2026
- Notes
The 0.5× formulation is mathematically equivalent to 1.5× when straight-time pay for OT hours is counted separately. The methodology § "Mode 2 — Regular-rate impact" explicitly documents this choice and shows the algebraic identity. The convention matches the §778.209 method of "merely adding" the bonus to other earnings, dividing by total hours for the new regular rate, then applying the additional half-rate premium to OT hours.
Statutory / regulatory
11 claims
29 U.S.C. §207(a)(1) — overtime requires "longer than forty hours" at "not less than one and one-half times the regular rate"
- Appears in
Methodology § "Math derivation" + FAQ: "Does federal law require holiday pay?" (cites §207 framework)
- Source (primary)
- https://www.law.cornell.edu/uscode/text/29/207
- Verified
- May 24, 2026
29 U.S.C. §207(e)(2) — "payments made for occasional periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause" are excluded from the regular rate
- Appears in
Methodology § "Federal framework" table + FAQ: "Are payments for a holiday OFF (paid time off) included in the regular rate?"
- Source (primary)
- https://www.law.cornell.edu/uscode/text/29/207
- Source (secondary)
29 CFR §778.216 — https://www.law.cornell.edu/cfr/text/29/778.216
- Verified
- May 24, 2026
29 U.S.C. §207(e)(6) — premium pay for weekend/holiday work excluded from regular rate IF "not less than one and one-half times the rate established in good faith for like work performed in nonovertime hours on other days"
- Appears in
Methodology § "Federal framework" table + FAQ: "What about premium pay for working ON a holiday (1.5× or 2×)?"
- Source (primary)
- https://www.law.cornell.edu/uscode/text/29/207
- Verified
- May 24, 2026
29 U.S.C. §207(h)(2) — §207(e)(5)/(6)/(7) extra compensation creditable toward overtime
- Appears in
Methodology § "How accurate is this" + FAQ: "What about premium pay for working ON a holiday"
- Source (primary)
- https://www.law.cornell.edu/uscode/text/29/207
- Verified
- May 24, 2026
29 CFR §778.209 — "The amount of the bonus is merely added to the other earnings of the employee (except statutory exclusions) and the total divided by total hours worked"
- Appears in
Methodology § "Math derivation" + FAQ: "What's the FLSA §778.211 trap with holiday bonuses?"
- Source (primary)
- https://www.law.cornell.edu/cfr/text/29/778.209
- Verified
- May 24, 2026
29 CFR §778.211(b) — discretionary bonus test requires retaining discretion over BOTH fact AND amount "until a time quite close to the end of the period"
- Appears in
Methodology § "How the discretionary test actually works" + FAQ: "When is a holiday bonus 'discretionary' vs 'non-discretionary'?"
- Source (primary)
- https://www.law.cornell.edu/cfr/text/29/778.211
- Verified
- May 24, 2026
29 CFR §778.211(c) — non-discretionary bonuses include those promised on hiring, from collective bargaining, attendance bonuses, production bonuses, quality bonuses, and continued-employment bonuses
- Appears in
Methodology § "How the discretionary test actually works" + FAQ: "When is a holiday bonus 'discretionary' vs 'non-discretionary'?"
- Source (primary)
- https://www.law.cornell.edu/cfr/text/29/778.211
- Verified
- May 24, 2026
29 CFR §778.216 — pay for time NOT worked (vacation/holiday/illness) is excluded from regular rate AND cannot be credited toward overtime owed
- Appears in
Methodology § "Federal framework" table + FAQ: "Are payments for a holiday OFF (paid time off) included in the regular rate?"
- Source (primary)
- https://www.law.cornell.edu/cfr/text/29/778.216
- Verified
- May 24, 2026
Rhode Island General Laws §25-3-3 requires at least 1.5× the regular rate for work on Sundays and designated holidays, subject to statutory exemptions for several non-retail employer categories
- Appears in
Methodology § "State law — only Rhode Island has a general holiday-pay statute" + FAQ: "Does federal law require holiday pay?"
- Source (primary)
- https://webserver.rilegislature.gov/Statutes/TITLE25/25-3/25-3-3.htm
- Verified
- May 24, 2026
Rhode Island's 2021 amendment (P.L. 2021, ch. 32 and ch. 36) modified §25-3-3; pre-2021 grandfathered exemptions remain in effect
- Appears in
Methodology § "State law"
- Source (primary)
https://webserver.rilegislature.gov/Statutes/TITLE25/25-3/25-3-3.htm (amendment history)
- Verified
- May 24, 2026
Massachusetts had a similar retail Sunday-pay statute phased out under Chapter 121 of the Acts of 2018 ("Grand Bargain"); incrementally reduced from 1.5× to 1.1× then eliminated
- Appears in
Methodology § "State law" + FAQ: "Does federal law require holiday pay?"
- Source (primary)
- https://malegislature.gov/Laws/SessionLaws/Acts/2018/Chapter121
- Verified
- May 24, 2026
Sources
9 unique sources cited across the report — click to audit any claim directly against its evidence.
- 1.https://www.law.cornell.edu/uscode/text/29/207
- 2.
29 CFR §778.209 — https://www.law.cornell.edu/cfr/text/29/778.209
- 3.
29 CFR §778.216 — https://www.law.cornell.edu/cfr/text/29/778.216
- 4.https://www.law.cornell.edu/cfr/text/29/778.209
- 5.https://www.law.cornell.edu/cfr/text/29/778.211
- 6.https://www.law.cornell.edu/cfr/text/29/778.216
- 7.https://webserver.rilegislature.gov/Statutes/TITLE25/25-3/25-3-3.htm
- 8.
https://webserver.rilegislature.gov/Statutes/TITLE25/25-3/25-3-3.htm (amendment history)
- 9.https://malegislature.gov/Laws/SessionLaws/Acts/2018/Chapter121
Found something off?
Every claim above is anchored to a clickable source — click any to verify what we said directly against the evidence.
See our fact-checking methodology for the standards this report follows.
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