Legal Question in Employment Law in New Jersey

Re: I am not getting overtime compensation.

The Fair Labor Standards Act (FLSA) is the federal law which governs wage and hour matters, and certain other employment issues. The law concerning overtime compensation requires that an employer pay one-and-one-half times the hourly wage (or of the hourly salary equivalent) for each hour worked in excess of forty (40) during a seven (7) day period.

That means that, if an employee works more than 40 hours per week, then the employer must pay overtime. The employer may not average the time over more than a 7 period, except in certain limited circumstances. Although many employers mistakenly believe that they may average the hours over a pay period, such as two weeks or a month, the regulations established by the Department of Labor prohibit this practice. Additionally, "banking" hours (such as saving the overtime and allowing as a bonus or as additional time off at a later date) is not permitted, despite that many employers attempt to get around the overtime requirements through these methods.

The employer may deduct time provided for lunch, breaks, and other time off. Sick days and personal days, even if paid, need not be included in the 40 hours, because the employee did not actually work those hours.

There are certain exemptions from overtime. You should consult an attorney or the Department of Labor to determine your rights concerning overtime compensation, so that other issues may be considered. This response should not be considered to be legal advice and may not be relied upon as legal advice.

Stephen Scapelliti

Couzens, Lansky, Fealk, Ellis, Roeder & Lazar, P.C.

39395 W. Twelve Mile Road, Suite 200