Legal Question in Employment Law in New Jersey
I get paid bi-weekly so let's say I worked 35 hours in week one and 45 hours in week two. Can my employer take my 5 hours of overtime from week 2 and put them towards my 35 hours from week one as straight pay so I have 40 hours for both weeks? Are each weeks hours separate from each other?
1 Answer from Attorneys
Overtime in NJ is defined as hours worked in one work week in excess of 40 hours. It is improper for an employer to transfer hours from one week to another or to change the limits of the work week to accomplish the same objective. Assuming that you are a non-exempt employee (entitled to overtime pay), in the example that you provide, you should have been paid for 75 hours at the straight time rate and 5 hours at the overtime rate.
See also: http://info.corbettlaw.net/lawguru.htm
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