If I get paid for Monday as a holiday and have the day off should that count towards a 40 hour week for overtime purposes? Can you tell me what code or where in the law it says this I have been searching and cant find it. Thanks in advance.

Non-exempt hourly employees are entitled to overtime premium pay (e.g., time-and-a-half) if they work more than 40 hours a week. The paid, time-off, holiday does not count as a work day. http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_778/29CFR778.101.htm

The reason you can't find it is that holiday pay does NOT count towards hours worked for overtime purposes, in fact.

I am in 100% agreement with the above posts, but just as a sidenote - you may want to check your handbook. Our company does count paid holidays in the calculation of overtime, and this is in our company handbook. Again, in accordance with what others have said, this is NOT required by law. Our company goes above and beyond what is required by law by choice. If you think the holiday counts toward calculation of OT because someone at your company told you it was that way, check your handbook. With that said, however - don't count on it. The majority of companies do not consider time not actually worked in the caculation of overtime since it is not required by law.