Legal Question in Employment Law in New Jersey

Re: Asked to work double-time with no OT pay

Your post raises four important issues.

First with regards to the changing of shifts, generally speaking, absent an agreement to the contrary (ie employment contract or union CBA) an employer can change the terms of your employment as they see fit. In your case, if the employer wants you on a different shift they can require to work it. If you refuse they can fire you. While is may be bad business to give you little or no notice of the change, it is not illegal.

With regards to overtime, the same rule stated above applies to mandatory overtime. If your employer insists that you work overtime and you refuse they can fire you. There are some exceptions to this rule, ie health care workers. For purposes of this answer, I am assuming you are not a health care worker. Again, while it may be bad business to give you little or no notice of mandatory overtime, it is not illegal.

In NJ, if you are non-exempt and you work over forty hours in a week your employer is required to pay you overtime. You mentioned that you were paid salary. While being paid salary can be one factor in determining whether you are exempt or not, that fact alone does not make you exempt from overtime. The exempt vs. non-exempt test is very fact specific and hinges on your actual job duties and job requirements. You have not provided enough facts for me to say whether or not you might be entitled to overtime. If you would like to discuss this further, feel free to contact me.

Finally, you stated that you quit your employment. While this does not automatically disqualify you for unemployment benefits, your chances of getting benefits is certainly reduced by voluntarily leaving your employment. Nevertheless, it is in your interest to apply for unemployment ASAP. You can always appeal a denial of benefits.

If you would like to discuss your case further, please feel free to send me an email, [email protected] or click on my "Attorney Profile" for my additional contact information.

Regards.