Unfortunately, there are employers who go to great lengths to avoid paying their employees for the extra hours they put in at work. Everyone should know their rights under the law so they can be sure they are being paid correctly and fairly.
In New Jersey, overtime wages must be paid when an employee works more than 40 hours in a seven-day work week. Overtime pay is equal to one and a half times the employee’s hourly wage. There are some workers who are exempt from this law and cannot receive overtime pay. For example, workers classified as executive, administrative, professional, and outside sales are exempt. A job title alone does not automatically exempt an employee. There are certain criteria for each category of exemption that must be met to qualify and it is important for employees to check their job duties, as well as title, when calculating if they are eligible for overtime pay.
The criteria for exemption are as follows:
Executive employees: Salaried workers receiving at least $455 a week with primarily managerial duties overseeing at least two full time employees and the authority to hire and fire.
Administrative employees: Salaried workers receiving a minimum of $455 a week with primary duties that are non-manual related to general management and business operations.
Professional employees: Salaried workers earning at least $455 a week with advanced knowledge in their field of science or learning. These jobs require advanced knowledge earned through specialized college or graduate studies. Doctors, lawyers, engineers, teachers, and accountants are all considered professional employees.
If your employer claims you are not eligible for overtime because of your job title, be sure to check that your job duties match the above criteria or consult with an experienced employment lawyer.
Common Overtime Violations
The most common overtime violation involves employees having to spend extra time at work without being paid. Cleaning up and closing all take extra time and often, employers expect these tasks to be done but only pay workers for their designated shifts, or they automatically deduct break time from an employee’s hours, even if no break was provided.
If you are owed overtime wages and have to file a lawsuit to force your employer to pay you, a successful suit will bring you the wages owed, as well as interest on the unpaid wages and any penalties mandated by state and federal law. If your suit is successful, your employer must also cover the cost of your legal fees.
Mount Laurel Employment Lawyers at The Law Offices of Leo B. Dubler, III, LLC Fight for Fair Wages
If you think your employer owes you overtime wages, talk to a knowledgeable Mount Laurel employment lawyer at The Law Offices of Leo B. Dubler, III, LLC. We will fight to obtain all the wages owed to you by New Jersey law. Call us at 856-235-7075 today to schedule a free consultation or contact us online. With offices in Mount Laurel and Atlantic City, New Jersey, we represent clients throughout South Jersey, including those in Cherry Hill, Burlington County, and Camden County.