Legal Question in Employment Law in New Jersey
Is overtime pay required? Can past unpaid overtime wages be collected?
I work for a company in New Jersey. My current employment has been for approx. 6 month. An average work week consists of 50+ hours. My employer does not make any exception for hours in excess of 40 (no overtime pay rate). Am I legally entitled to an overtime pay rate? If so, do I have legal recourse to collect past unpaid overtime wages? If past unpaid wages can be collected, must it be done within a certain time period?
Thank You for your time.
2 Answers from Attorneys
Re: Is overtime pay required? Can past unpaid overtime wages be collected?
Generally, overtime pay, ie extra pay for time over 40 hours is required. There are exceptions. The type of work or agreement you have with your employer will govern. For instance if you are a professional, and receive a salary, you don't get overtime.
You can make a claim on your own with the N.J. Dept of Labor, or you can consult with an employment attorney
Re: Is overtime pay required? Can past unpaid overtime wages be collected?
It depends. Generally, the NJ Wage and Hour Law requires time and a half for hours over 40 in a work week, but there are many narrow exceptions to the rule. Without knowing whether you fall into one of those exceptions, I can't say for sure if the law applies to you.
Assuming it does, however, you would have an action for past pay which was not issued.
Kevin Costello, Esq.
Lutz, Levow, Costello & Mullen, P.A.
500 Kings Highway South
Cherry Hill, NJ 08034
856.428.5055
Fax 856.429.7726
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