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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20296
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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if an employer pays for a day off ie;[holiday] do those hours

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if an employer pays for a day off ie;[holiday] do those hours paid become part of the 40 hour work week or are the considered non work hours. example; if an employee works 40 hours then gets paid a holiday in which he or she doesn't work that day does that payday get added on to the 40 hours creating overtime

Thank you for the information and your question. No, under both NJ wage law and the Federal Fair Labor Standards Act, only actual hours worked are counted toward 40 hours for purposes of overtime. So, vacation and sick days are deducted from total hours worked for purposes of calculating overtime hours.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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