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Monday, May 13, 2024

NJ Employment Law Attorney, Can I Get Overtime If a Salaried Worker? Millions Eligible under New Rule

Millions of workers who are salaried workers will benefit from the new Rule announced by President Biden on April 23, 2024. The Biden administration issued the final rule to increase the compensation thresholds for workers’ overtime eligibility, thereby expanding protections for millions of underpaid salaried workers who work long hours without monetary compensation.

If your employer is not paying you legal wages, you should call this office today for a free consultation. I am successful in bringing employee lawsuits against governmental entities and private employers and recovering money for victims of illegal payment under wage and hour laws. Don’t sit on your rights!

Additionally, there is an epidemic of companies who offer prospective or current workers a fabricated “Manager” title to avoid paying them overtime wages which the employers are legally obligated to pay them. This plague caused by companies assigning bogus titles of “manager”, “executive” or “administrator” in an attempt to not pay workers for hours worked over 40 hours a week, whether intentional or intentional, causes much suffering to workers and their families.  Intentional job misclassification to avoid paying legal wages is constructive wage theft. To read more on the topic of bogus titles, you can read Contrived Fake Manager Title to Avoid Overtime Wages.

Note: It is important to keep in mind that the figures as stated in Minimum Salary Threshold Test in this former linked older article have been replaced by the figures announced in this new rule.  See also Supervisors and Overtime Pay. Again, it’s important to note that the figures as expressed in the former linked older article have been replaced by the new rule. Contrived titles do not permit an employer to cheat employees out of overtime wages. An employee entitled with one of these bogus labels may nevertheless be entitled to overtime payments if certain criteria are met.Many with Legitimate Titles Who Are Currently Salaried Workers Will Soon Receive Overtime Pay.

Currently, even for salaried workers whose job descriptions of “manager”, “executive” or “administrator”, are not bogus titles, but are legitimate and that accurately define their employment position, the lower salaried employees in these categories often can barely survive on their salary because they are not paid overtime. This new rule addresses these inequities for those with legitimate or illegitimate job titles but who are so underpaid. Before this new rule takes effect, the lower salaried employees with legitimate job titles, who make a salary of $35,568 a year, while working 50 or 60 or more hours a week were not entitled to overtime pay.

Millions of Salaried Workers to Receive Overtime Pay

The New Rule and Maximum Salary Threshold Increases

The new rule announced by the Biden administration takes effect July 1, 2024 and expands overtime protections for millions of the nation's lower-paid salaried workers by increasing the salary thresholds required to exempt a salaried bona fide executive, administrative or professional employee from federal overtime pay requirements.

Under the new rule announced by the Biden Administration, the salary threshold will increase to the equivalent of an annual salary of $43,888, effective July 1, 2024, and increase again to $58,656 on Jan. 1, 2025. The July 1, 2025 threshold increase to $58,656 updates the present annual salary threshold of $35,568, which is based on the methodology used by the prior administration.

The rule's next new annual salary threshold takes effect on January 1, 2025, resulting in the additional increase to $58,656. In addition, the rule will adjust the threshold for highly compensated employees. /p>

Protection From Future Corrosion of Recently Issued Overtime Safeguards

Beginning July 1, 2027, salary thresholds will be updated every three years by using then current  wage statistics to determine new salary levels. The rule establishes regular updates to the salary thresholds every three years to reflect changes in earnings. This protects from the future corrosion of overtime payment safeguards so that they do not become less effective over time.

Don’t Sit on Your Rights.

I am successful in bringing employee lawsuits against governmental entities and private employers and recovering money for victims of illegal payment under wage and hour laws, retaliation, and other discrimination. If you have been fired, not had your contract renewed, think you are not being paid your full wages, or being pushed out of your job or retaliated against, you should contact this office immediately for a free consultation.

Note: In many instances of discrimination, if you quit your job, you may lose right to prevail in a lawsuit unless you first take certain legally required measures to preserve your job while you are still employed. If you are thinking of quitting, or think you will be fired, you should contact this office immediately for a free consultation to discuss your options in the safest way for you.

Let Me Fight for You

Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and in every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.


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