Most people who punch a clock likely pay careful attention to their hours worked to ensure they are fairly compensated. But anyone who has been asked to sit at their desk and “cover the phones” during their lunch break or to clock out and attend an after-hours work meeting likely has been doing so illegally, as this amounts to working overtime without being paid.
What Are the Overtime Laws in New Jersey?
Simply put, the Fair Labor Standards Act (FLSA) and state laws mandate that non-exempt employees receive overtime for working more than 40 hours in a work week. Further, New Jersey law states that compensation is at least one and a half times the employee’s regular hourly rate for those who earn below $844 a week ($43,888 annually) and work in a non-exempt industry. Individuals who do not qualify for overtime include executives, administrators earning at least $400 per week, professional employees, outside sales workers, limousine drivers, livestock workers, hotel workers, employees of a common carrier of passengers by motor bus, and employees at nonprofit or religious summer camps, conferences, and retreats during June, July, August, and September.
It is also important to note that the New Jersey State Wage and Hour Law (NJSWHL) stipulates that employees are not allowed to refuse overtime work if their employer requests that they do so as part of their employment conditions. However, prior approval to be paid for overtime work is not required in New Jersey, as it is assumed that the employee should have been made aware that they were working the hours to benefit the company.
Also in New Jersey, only state or local government employers are allowed to offer comp time to employees for overtime hours. In the private sector, each week must be treated separately when it comes to wages, and employers are not permitted to “average out” hours worked or intermingle the number of hours worked from week to week.
Essentially, any tasks that you perform at work for the benefit of the company can be considered working hours that an individual should be compensated for.
How Do I Report an Overtime Issue?
So, what happens if you realize that you are working more hours than you are being paid?
One option is to report the issue to your Human Resources department. You may call attention to the issue and realize that a simple mistake or omission was made. This situation is simple enough to fix and could result in more attention being paid in the future. If, on the other hand, the matter becomes heated or individuals begin to retaliate for calling attention to it, it may be time to file a complaint with the state’s Division of Wage and Hour Compliance or the U.S. Department of Labor’s Wage and Hour Division.
Penalties for violating these laws could result in being paid back wages in addition to damages if you can prove that it was intentional. State law allows an individual up to six years to file for unpaid wages, so time is of the essence.
Protect Your Rights as an Employee With Help From a South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC
Because you work hard, we will work even harder to make sure you get the compensation you deserve. Call a South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC today at 856-235-7075 or submit the provided online contact form to schedule a free consultation. With office locations in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in Cherry Hill, Burlington County, Camden County, and South Jersey.