Legal Question in Employment Law in New Jersey

Are additional hours without change in pay legal?

I was hired into my current salaried position with the oral agreement of 9-5 with a 45 minute lunch. A week ago my employer changed the hours for everyone to 8:30 - 5 with a 1/2 hour lunch with no additional benefits at all. Is this legal or is it a breach of employment contract?


Asked on 3/07/01, 7:36 am

1 Answer from Attorneys

Joseph Heppt The Law Offices of Joseph M. Heppt

Re: Are additional hours without change in pay legal?

Generally speaking, unless your oral agreement defines a specific period of time for your employment, i.e. one year, etc., it does not constitute an "employment contract" under New York law. Absent a valid employment contract, you are an "employee at will" and the hours of your regular work day are governed by New York's Labor Law. Section 160 of that law defines a day's work as eight hours exclusive of meal time. Section 162 specifies that employees are to be allowed thirty minutes for lunch (except that factory workers are to be allowed sixty minutes). Thus, unless you are a factory worker, it would appear that the conditions of employment that you describe comply with statutory requirements.

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Answered on 5/15/01, 10:51 am


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