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New Brunswick — overtime & stat holiday pay

Encoded rule v1.1.0 · rule data last verified 2026-07-06 · official source pages checked 2026-07-30

Answer first

The general New Brunswick review

New Brunswick generally requires overtime after 44 hours in a week. The statutory overtime rate is 1.5 times the provincial minimum wage rather than 1.5 times every employee’s regular wage, although an employer may pay more. Employees must receive at least 30 minutes of rest after each five consecutive hours of work.

An employee generally needs at least 90 calendar days of employment and must work the regular scheduled day before and after the holiday unless the absence is permitted. Holiday pay uses the regular-day calculation described by Employment Standards, while worked-holiday options require a separate review.

Calculate a New Brunswick work week

Not legal or payroll advice.

These calculations follow our best reading of each province’s Employment Standards Act, but rules vary by employee classification, collective agreement, industry-specific exemptions, and edge cases we cannot detect. Treat the values as estimates only and confirm with a payroll professional or accountant before processing pay.

See the provincial labour-law reference for the formula we apply per province.

Overtime worked example

A 47-hour week for an employee earning $20 per hour

Assume the employee is covered by the general rule and the current minimum wage is $15.90.

1Regular wages: 44 × $20 = $880
2Statutory overtime minimum: 3 × ($15.90 × 1.5) = $71.55

Illustrative minimum worked-hour total: $951.55.

An employment contract or employer policy may provide a higher overtime rate. Confirm the current minimum wage, employee coverage and actual week before payroll.

Statutory or general holiday review example

Average regular day from a 30-day lookback

Assume an eligible employee earned $2,400 over 16 days worked during the relevant 30-day period.

1Eligible wages: $2,400
2Average regular day: $2,400 ÷ 16 = $150

Illustrative paid public holiday amount: $150.

Confirm 90 days of employment, attendance on scheduled shifts around the holiday, the wage categories in the lookback and whether the employee works the holiday.

Meal-break example for a service shift

A server is scheduled from noon to 8:00 p.m.

Provide at least one 30-minute rest period before the server completes five consecutive hours, then assess any later five-hour window if the shift is extended.

The cited regulation establishes the minimum rest period but does not by itself settle every paid-versus-unpaid scenario. Record whether the employee was relieved of work and confirm the applicable standard.

Cross-midnight shifts need a separate record

For a cross-midnight shift, preserve the employer-defined work-week allocation and the actual hours on both dates. Maxuod Shift cannot store one continuous overnight block exactly, so use a separate record or reconcile a documented midnight split.

New Brunswick restaurant scheduling scenario

A Moncton restaurant adds a Sunday event shift and a cook reaches 47 hours. The manager should calculate the three overtime hours using the current statutory minimum overtime rate, confirm the meal-break record, and separately verify holiday attendance and lookback wages. The payroll-ready export is a handoff record, not payroll processing.

Why some calculations always need review

  • We use current shift data × current hourly wage as the lookback wages. Vacation pay, paid sick leave, and historical wage changes are not yet tracked — this can shift the stat-pay number slightly.
  • The "must work scheduled before/after" rule cannot be perfectly verified from actual shift data — the estimate flags this and asks for review.
  • The holiday-pay formula can differ for fixed schedules versus variable hours or wages. V1 uses the variable-hours estimate path and asks for review.
  • For high-wage employees, the legal OT minimum (using min wage × 1.5) can be lower than what the employer voluntarily pays at the employee's regular rate. We clamp to $0 so we never recommend underpaying.

Official sources and checked date

We opened the three government pages below on 2026-07-30. That is the content check for this guide; it does not change the encoded payroll rule version or its verification date.

How Maxuod Shift applies this rule

When the estimate engine is enabled in a free account and a New Brunswick payroll week contains a paid statutory holiday, Maxuod Shift separates worked-holiday days, non-worked eligible holidays, and regular days. It shows an estimated adjustment against the regular payroll amount already entered. Nothing is added to gross pay until the manager confirms the review.

The product provides estimates, source links, and review prompts. It does not decide employee coverage, approve an overtime agreement, confirm an absence, or replace payroll, accounting, or legal advice.

Continue the weekly review

Compare other provinces and territories

Open another jurisdiction reference to compare overtime thresholds, statutory-holiday eligibility, meal-break guidance, and official sources.

Government sources can change. Confirm the current page, employee coverage, agreement, and payroll record before processing pay.

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