The New Jersey Wage and Hour Law (NJWHL) and the Fair Labor Standards Act (FLSA) govern New Jersey’s laws regarding wage rates employers must pay employees and the hours of work, including overtime. The wage and hour laws cover issues such as minimum wage, overtime, child labor, and breaks.
New Jersey Break Laws
Both the federal law, FLSA, and the NJWHL do not require lunch or meal break during the day. Many other states do require employers to provide breaks throughout the day. While most New Jersey employers provide their employees with lunch and meal breaks, there is no law requiring such breaks. However, NJWHL does require that employees under the age of eighteen be provided with a thirty-minute break after five consecutive hours of work.
If an employee is provided a break of over twenty (20) minutes long, an employer is not required to pay the employee for that time. But the law requires that any break less than 20 minutes counts as part of the workday, and an employee must be paid for that time.
New Jersey Wage and Hour – Overtime Laws
Under NJWHL, employers must pay non-exempt workers one and a half (1.5) times an employee’s regular hourly rate for all hours worked beyond forty (40) in any workweek. Separate and apart from the NJWHL, employers can include provisions detailing paid overtime in employment contracts as long as the minimum law is followed. However, except in rare circumstances employers cannot give employees paid time off instead of overtime pay.
Many factors must be considered when determining whether an employee is exempt or non-exempt from overtime and minimum wage. While there are exceptions, usually, employees who fall under the definitions of executive, administrative, professional, and outside sales employees are considered exempt. There are other exemptions that are included, for example farm and agricultural workers.
At Peterpaul Law, LLP, our attorneys have a vast knowledge of the FLSA and NJWHL and how they affect employees and employers throughout the state. Our attorneys are experienced in handling any wage and hour issues that may arise Contact Peterpaul Law today to get started.