Many New Jersey employees have started to clock in more and more frequently on Saturdays and Sundays, even when their employer has not promised additional pay. However, under certain circumstances, your employer might be violating the law by requiring you to work these hours unpaid.
What Are Your Rights Regarding Weekend Work?
New Jersey employers can generally require employees to work weekends, as the Fair Labor Standards Act (FLSA) does not specifically prohibit weekend or holiday work. However, this permit does not mean that employers can avoid paying you properly for your time. Under federal law, non-exempt employees must receive overtime pay of at least 1.5 times their regular rate for hours worked beyond 40 in a workweek.
Are You Exempt or Non-Exempt? Why It Matters for Weekend Work
This mandate only applies to non-exempt workers; exempt employees, typically those in salaried executive, administrative, or professional positions, do not have a legal entitlement to overtime pay. These employees might need to work weekends without the expectation of compensation.
Some employers incorrectly classify workers as exempt to avoid paying overtime. Wrongly classified workers may have the right to claim compensation for their time under wage and hour laws.
When Is Weekend Work Without Extra Pay Illegal?
In certain scenarios, an employer must pay for weekend work or else breach employment law:
- Employers must pay non-exempt employees overtime pay for any hours worked above 40 hours for the week.
- If your employment contract or collective bargaining agreement specifically provides for weekend premium pay, your employer must honor those terms.
- If your employer requires you to be “on call” during weekends in a way that significantly restricts your personal activities, you may be entitled to compensation for these hours.
- Your employer can never require you to perform work duties without clocking in or recording your time, regardless of the day on which the work occurs.
What Should You Do if Your Employer Is Not Paying You for Weekend Work?
Consider taking these steps if you believe your employer has not properly paid you for weekend work:
- Document everything. Keep detailed records of all the hours you worked, including dates, times, and any communications about your schedule or pay.
- Review your company’s policies regarding weekend work and compensation in your employee handbook and employment contract.
- Discuss the issue with your supervisor or Human Resources department—they may have just made an error, or there might have been a simple misunderstanding.
- If you cannot reach a satisfactory resolution, consider filing a complaint with the New Jersey Department of Labor and Workforce Development or the federal Department of Labor.
- Consult with an employment lawyer who understands both federal and New Jersey labor laws.
In some instances, workers who file a successful lawsuit against their employer have received back pay for all their unpaid wages, liquidated damages, and compensation for lawyer fees and court costs.
Find Legal Support From a South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC
If you believe your employer has violated your rights regarding weekend pay, get in touch with a South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC. We have extensive experience in employment law matters, including overtime violations and worker misclassification, and we can help guide you through New Jersey wage and hour laws and pursue appropriate remedies. Call today at 856-235-7075 or fill out our online contact form for 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.