You may go above and beyond to exceed in your work-related duties and impress your boss with your achieved accomplishments. Oftentimes, this diligent effort may involve working beyond the standard 40 hours in a given workweek. And, in the end, you may wonder whether you will be compensated for these extra work hours. Well, please continue reading to learn whether your boss is required to grant overtime pay and how an experienced Gloucester County wage and hour lawyer at The Vigilante Law Firm, P.C. can help you receive the wages you deserve.
Is my boss required to grant overtime pay?
First of all, you must understand that the Fair Labor Standards Act (FLSA) is a federal law determining overtime pay standards for certain, nonexempt employees. Under this Act, qualified employees are entitled to 1.5 times the amount of their regular pay for every hour worked over 40 hours per a given workweek. Also, this overtime pay rate may apply to eligible employees who work on a federally-declared holiday.
With that being said, it may be easier to detail the types of employees who do not fall under this protection. They read as follows:
- Employees who earn a salary of more than $844 per week (i.e., $43,888 per year) as of 2024.
- Employees who primarily have executive, professional, or administrative job duties.
- Employees who are required to include on-call time in their work schedule.
- Employees who receive room and board as part of their employment.
- Certain employees who work on a railroad or as truck drivers.
- Certain employees who work in outside sales roles.
What if my boss denies me overtime wages?
Once you understand what wages you are entitled to, you must speak up if your boss denies you rightful pay. That is, you may schedule a meeting with your boss, and bring proof of the overtime work you put in. With this, you may also supply a printed copy of your signed employment agreement, in which you were promised overtime pay. This may all be to ultimately request backpay for the extra hours you contributed thus far, and the appropriate pay rate going forward.
Unfortunately, even after this civil and professional meeting, your boss may still neglect to rectify the situation. Well, in this case, you may have proper grounds for an unpaid overtime lawsuit. With this, you may submit a complaint with the United States Department of Labor and/or the New Jersey Wage and Hour Division. You may provide these agencies with the same proof you presented to your boss in your initial meeting. Notably, this first step may be better accomplished with the help of an employment law lawyer.
So if you want more clarity, please allow one of the skilled New Jersey employment lawyers to offer it. Schedule an appointment with The Vigilante Law Firm, P.C. today.
