New Jersey law and federal law requires that most employees, with the exception of exempt employees, be paid time and a half for hours they work beyond 40 hours in a week. Under the Fair Labor Standards Act (FLSA), most hourly employees are guaranteed overtime pay that is one and a half-times over their hourly rate once they have worked more than 40 hours in a given week. Certain exemptions apply with regard to overtime and may affect your entitlement to pay for extra hours worked. If you are a professional, administrative, or executive employee, or exempt from minimum wage requirements, you are exempt from this requirement and not entitled to overtime pay. While most retail workers are entitled to overtime pay, certain employees such as those paid on commission, are also exempt from overtime pay requirements.
Employers may wrongfully refuse to pay employees in New Jersey overtime by miscategorizing them as exempt under the Fair Labor Standards Act (the FLSA). You may also have grounds for an unpaid wage claim if your employer labeled you an independent contractor as opposed to an employee in order to deny you health benefits, a retirement plan, or other compensation you are owed. If you do not fall into one of the exempt categories, you are entitled to overtime pay, even if you are a salaried worker. An employment attorney can help you determine if you are in a position entitled to overtime pay.
It is also important to know that if your employment contract provides for paid overtime, that provision is legally enforceable, even if you are otherwise exempt for overtime pay requirements. Furthermore, employers are not permitted to provide employees with paid time off in lieu of overtime pay. If your employer tries to give you paid time off as a replacement for overtime wages, this is a clear violation of your rights.
**The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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