Legal Question in Employment Law in New Jersey

evil coporate profit mongering

i work more than 50 hours a week, and have for more than 2 years. i would like my employer to consider me a full time employee instead of a part timer. also i amd paid minimum wage for all travel time, and since better than half my day is usually spent going from one sstore to the next, is athis legal? is this legal if i transport other company employees, say in a company van?


Asked on 1/08/02, 7:27 pm

1 Answer from Attorneys

Joseph Grassi Barry, Corrado, Grassi & Gibson, PC

Re: evil coporate profit mongering

It certainly sounds that at 50 hours per week you are a full time employee not a part time employee. It also sounds like you have two differant jobs.

I can't tell why you want your employer to consider you a full time employee. I am going to guess that you would be eligible for benefits, or bonuses, or a different pay rate. I have to tell you than I DON'T know the law on this issue, and won't offer an opinion as to your entitlement to force the issue. If you don't get an answer here from someone who already knows, you might contact the New Jersey Department of Labor, Wage and Hour division, where I am sure they can help you, or contact a lawyer, even me, who could look it up for reasonable fee. *g*

The other issue you seem to have is whether your employer can pay you different rates for different kinds of work. I DO know the answer to that one, having recently reviewed that area for a case I am working on. I'm afraid it isn't the answer you would like it to be. The answer is yes, you can be paid different rates for jobs that you perform that are clearly different jobs. You should still be paid overtime for work over 40 hours, although he can probably get away with paying the overtime on the minimum wage portion of your job.

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Answered on 1/09/02, 11:29 am


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