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 consequences. 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 make me work overtime?
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 from 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 concurrency with the Federal Fair Labor Standards Act, which holds that employers may fire employees who refuse to work overtime.
Of note, though, these laws may only apply to nonexempt employees. Further, nonexempt employees are typically considered hourly workers, day-rate workers, and some salaried individuals with certain job functions and earnings. What’s more, these laws may apply so long as employers properly compensate their employees for the extra time they dedicate to their work.
Do I get paid for working overtime?
To reiterate, your employer forcing you to work overtime may only be deemed legal if they pay you for it. That is, you must be paid 1.5 times your regular rate for hours worked over 40 in your 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 your weekly paycheck to have an extra $7.56 tacked onto it, before taxes.
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. With this, it is simply imperative that you look over the conditions of your employment in your signed employment agreement.
However, it is also worth mentioning 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. Therefore, overtime pay is deemed unnecessary.
In conclusion, if you still need a nudge in the right direction, you should feel comfortable turning to one of the competent New Jersey employment lawyers. With that being said, do not hesitate to contact The Vigilante Law Firm, P.C.
