General Inquiries

Overtime Calculation - Non-union Hourly employee

  • 1.  Overtime Calculation - Non-union Hourly employee

    Posted 11-19-2018 11:29
    Good morning,
    I am looking for opinions.....
    Do you include Holiday / vacation / sick time or PTO time off in the calculation of hours "worked" .
    I cannot speak for the rest of the country but here in New York state, the NYS DOL is very clear, any hours worked over 40 hours worked are to be paid at time and one-half.

    I have seen some firms include Holiday pay as hours worked, but not sick or vacation. I am interested in the "why" holiday/sick/PTO/vacation is or is not included.

    Thanks for your opinion.

    Rick Wagner
    Chief Financial Officer
    Quackenbush Co., Inc.
    Buffalo NY
    (716) 894-4355

  • 2.  RE: Overtime Calculation - Non-union Hourly employee

    Posted 11-19-2018 16:26

    Generally these hours are classified as a fringe benefit since the Employee didn't report for work. Specifically for New York a quick google search shows DOL's guidance as follows.

    Q: Must an employer pay workers for holidays, sick time and/or vacations? 

    A: Under the New York State Labor Law, payment for time not actually worked is not required unless the employer has established a policy to grant such pay. Holidays, sick time and/or vacations fall under 'time not worked.' When an employer does decide to create a benefit policy, that employer is free to impose any conditions they choose.


    Kevin Halme
    Constructive Tech Solutions
    Omaha, NE