You may do your best to foster a healthy work-life balance. But you may feel pressured into working extra hours whenever your boss asks you to. Even worse, you may be unsure if passing on this request would threaten your job security or lead to other disciplinary action. In New Jersey, employers generally have the right to require non-exempt employees to work overtime as a condition of employment, though employers must provide overtime pay, which is 1.5 times their regular rate for hours worked over 40 in a single workweek. In the event your employer refuses to compensate you or misclassifies your status as an employee, you may be able to pursue legal action. Read on to discover whether your employer can make you work overtime and how a seasoned Gloucester County wage and hour lawyer at The Vigilante Law Firm, P.C. can ensure you receive the pay you are entitled to.
Can My Employer Require Me to Work Overtime in New Jersey?
In your mind, you may categorize working overtime with jobs in the manual labor field. However, you cannot assume that your job type makes you immune to putting in overtime hours. That is, the New Jersey State Wage and Hour Law holds that employers may make their employees work overtime as a condition of employment. This is in accordance with the federal Fair Labor Standards Act (FLSA), which generally permits employers to terminate employees who refuse to engage in mandatory overtime work.
However, these laws generally only apply to nonexempt employees. Nonexempt employees are typically considered hourly workers, day-rate workers, and some salaried individuals with certain job functions and earnings.
Employees throughout Mullica Hill, South Harrison, Pitman, and other Gloucester County communities are often unaware that employers can legally require overtime work in many industries, so long as their employer complies with the strict wage-and-hour laws set for overtime compensation and employee classification.
Employees Commonly Eligible for Overtime Pay
- Retail workers
- Construction employees
- Warehouse workers
- Maintenance workers
- Restaurant staff
- Hourly office employees
- Healthcare support staff
- Customer service representatives
Which Employees Are Exempt From Overtime Pay?
Under New Jersey and federal law, certain employees do not qualify for overtime pay. These are considered “exempt” workers, as employers are generally not legally required to provide additional pay past 40 hours worked in a single week.
However, it’s not uncommon for employers to intentionally misclassify an employee as exempt in order to avoid providing them with overtime compensation. It’s critical to understand that placing an employee on a salary or giving them a manager title is not enough to consider an employee exempt.
Potentially Exempt Employees
- Administrative professionals
- Executive employees
- Certain highly compensated employees
- Some supervisors with independent authority
Sings You May Be Misclassified as Exempt
- You regularly perform the same duties as hourly employees
- You follow instructions instead of managing staff
- You are paid a salary but earn less than the exemption threshold
- Your employer denies overtime despite long working hours
- Your employer gave you a management title without the responsibility of a manager
Do I Get Paid For Working Overtime in New Jersey?
To reiterate, your employer forcing you to work overtime may only be deemed legal if they pay you for it. In most cases, non-exempt employees must be paid 1.5 times their regular rate for hours worked over 40 in a standard workweek.
For example, say that your regular rate of pay is set at New Jersey’s minimum wage rate of $15.13 per hour. Then, say that you worked 41 hours in your standard 40-hour workweek. Well then, you should expect to be compensated at approximately $22.70 for the additional hour worked.
Ultimately, any lesser pay than 1.5 times your regular rate may be considered illegal. Additionally, it may be considered illegal if your employer wrongly misclassifies you as an exempt employee who is thereby not entitled to overtime pay.
In some disputes centered around wages and overtime, employers may violate the FLSA by requiring employees to perform work duties before clocking in, after clocking out, or during unpaid meal breaks.
Does New Jersey Require Overtime Pay After Eight Hours in a Single Day?
However, it is also important to understand that your employer is not expected to pay you an overtime rate if you work over eight hours in a standard workday.
For example, say that you worked nine hours in your standard eight-hour workday. Then, say the next day you worked seven hours. Well then, your total hours for the given workweek may still equate to 40.
Many employees incorrectly assume that overtime begins when they work more than eight hours in a day, when, in reality, New Jersey law focuses only on the weekly hours worked unless an employment agreement says otherwise.
What Should I Do If My Employer Refuses to Compensate Me for Overtime?
If you believe your employer is failing to compensate you for the overtime work you’ve performed, it’s critical to preserve evidence and review your employment details as soon as possible. Unfortunately, wage-and-hour violations are not uncommon, and impact many employees across numerous industries throughout Central and South Jersey.
Evidence to Preserve in an Overtime Wage Claim
- Written communications with employers related to hours worked
- Work schedules
- Pay stubs and time cards
- Employee handbooks
- Documentation of off-the-clock work
- Supervisor instructions regarding overtime work
Contact an Experienced Gloucester County Employment Attorney Today
At The Vigilante Law Firm, P.C., we understand that matters related to your rights as an employee can be complicated and overwhelming to navigate. That is why it is in your best interest to connect with an experienced attorney at our firm as soon as possible. We can assist you in understanding your legal rights and fighting for the justice you deserve. Contact us today to learn more.
