Legal Question in Employment Law in New Jersey

Exempt Employee Sick Use

I am a government employee.

Although I have never formally been told that I am an exempt employee, I believe myself to one since I do not get paid overtime when I work longer than my 35 hour workweek, and on the rare occasion that I am compensated for time worked it is in the form of compensatory time and not at time and a half.

I am currently on light duty due to a personal injury sustained outside of work and have been using sick time to cover my time off.

I recently worked 6.5 hours straight on one of the days and was forced to use 1/2 hour sick time since my employer said that I nearly worked a full day and was required to take my 1/2 hour lunch.

I did not stop working that day to take a lunch and thought that if I was an exempt employee, I would not be required to have to take the 1/2 hour lunch.


Asked on 2/19/08, 11:25 am

1 Answer from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

Re: Exempt Employee Sick Use

You should definitely get in touch with our offices. Call or e-mail and we can provide you with a short questionnaire to determine how much you may recover.

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Answered on 2/19/08, 12:11 pm


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