Legal Question in Employment Law in New Jersey
Their own rules...?
I work for a non union company based in Mass. with a branch in NJ. I am also full time and non exempt, scheduled for 37.5hrs. per week M-F. My schedule has not changed in over 2 yrs. There are 2 questions that I have. The first, I was asked(told) to leave early one day for a non disciplinary reason but because sales were not compatible with payroll. The time difference, I could use my personal or sick time, penalizing me and using that precious time if I chose to. Is this legally allowed? My other question, can the company take me off the schedule for a day, in this case a holiday on a weekday (Wed)without me requesting it off even though it was a paid holiday but on a day that I would normally work? Thank you for your reply.
1 Answer from Attorneys
Re: Their own rules...?
I will attempt to answer your question, however, I would strongly urge you to make an call to the NJ Department of Labor, Wage and Hour Compliance Division for a definitive answer. My own gut feeling on the frist question (if I understand it correctly) is that the company essentially laid you off for part of a day because it did not have the funds to make payroll. As far as I know there is nothing wrong with doing that under wage and hour law. On the other hand, if they made you work for that entire day but did not have the funds to pay you, then you'd be able to bring an action against then for a violation of the wage and hour law. The second question deals with a matter which may be against the law and, again, the NJ Dept. of Labor would be the easiest place to inquire about that violation. In NJ, you can either bring an action in violation of NJ or Fed wage and hour laws by going to the state or federal agencies or by hiring a lawyer to bring these actions on your behalf. Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
