Share

Current Events

Tuesday, August 4, 2020

NJ Employer Does Not Pay Me Overtime

Sad but true, some NJ employers still skirt labor laws under the Fair Labor Standards Act to avoid paying overtime. However, there are stiff penalties for employers who do so. See NJ Employees and Wage Theft Act- NJ Wage Payment Law Amendments.

  • Certain employers will have a blanket rule as to no-overtime-pay-for-anyone, even when the staff regularly works over 40 hours in a workweek.
  • Mis-classification as an “exemption” is another violation. An employer will mis-classify an employee and characterize the employee’s position to be one placing her or him in an “exempt”  category, such as certain types of an administrator,  an executive, or other  professional employee,  that would legally excuse the employer from a duty to pay overtime.
  • A wrong classification of an employee as an “independent contractor” is another way some employers try to circumvent the overtime payment. Although a worker may in reality be functioning as an employee of the employer, an  employer may think by categorizing  the employee to an independent contractor, he will have no legal duty to pay overtime. See NJ Independent Contractors and Whistleblowing, Labels Can Be Illusory,
  • Wrongfully averaging the employee’s hours over two or more workweeks to avoid paying overtime in any one week of work.

The New Jersey State Wage and Hour Law establishes a minimum wage rate and overtime rate for all workers in New Jersey that are covered by the Act.  The law requires the payment of time and one half per hour for actual hours worked in excess of 40 hours, with certain exemptions.

According to 12:56-6.1, for each hour of working time in excess of 40 hours in any week, except for those exemptions set forth in N.J.S.A. 34:11-56a4 or as provided in N.J.A.C. 12:56-7.1, every employer shall pay to each of his or her employees, wages at a rate of not less than 1 1/2 times such employee's regular hourly wage.

Overtime and minimum wage pay shall be computed on the basis of each workweek standing alone.  Hours shall not be averaged over two or more workweeks. Covered employees shall be entitled to overtime pay based upon their actual wages and not the specified minimum wages.

Employees who are covered employees and not exempt must  be paid 1 1/2 times the regular hourly wage for each hour of working time in excess of 40 hours in any workweek.

Under, 12:56-6.4 (b), there is no requirement that an employee be paid premium overtime compensation for hours in excess of eight hours per day, nor for work on Saturdays, Sundays, holidays or regular days of rest, other than the required overtime for over 40 hours per week. However, an employer is not relieved of any obligation he or she may have assumed by a contract or of any obligation imposed by other State or Federal law limiting overtime hours of work or to pay premium rates for work which are in excess of the minimum required by NJ.

Do Not Sit on Your Rights

Do not sit on your rights, or you may lose the right to file your claim.

If your employer did not pay you in accordance with the law, or if you think you have been retaliated against for asserting your legal rights, it is essential for you to contact an experienced, employment and whistleblower attorney who will be aggressive about enforcing your rights as soon as possible.

I am an experienced, aggressive and compassionate employment attorney who will be aggressive about enforcing your rights and am successful in recovering money for workers.

If you are being subjected to such unlawful workplace acts or retaliation, contact Hope A. Lang, Attorney at Law today for a free consultation. I accept employment, whistleblower and discrimination cases from all over New Jersey.

New Jersey employment attorney, Hope A. Lang, Attorney at Law serves clients throughout the state, including Bergen, Middlesex, Essex, Hudson, Monmouth, Ocean, Union, Camden, Passaic, and Morris Counties with locations in Southern, Central, Western and Northern NJ to meet with clients.

Archived Posts

2020
2019
December
November
October
September
August
July
June
May
April
March
February
January
2018
December
September
August
July
June
May
April
March
February
January
2017
2016
December
October
September
August
July
June
May
April
March
February
January
2015
2013
2012



© 2020 Hope A. Lang, Attorney at Law | Disclaimer
466 Kinderkamack Road , Oradell , NJ 07649
| Phone: 201-599-9600

Employment/Civil Rights Law | Disability Law | Employee Performance Evaluations | Family Law | Divorce Mediation Services | Wills and Estate Planning | School Law and Educational Rights | Municipal Court Appearances | General Practice | | Family Law | Employment Law | Testimonials

Attorney Website Design by
Zola Creative