You Can Prove Your Overtime for Off the Clock Hours in NJ

Many people call us to ask about whether they can get paid when their employers make them work without punching the clock.  Their main concern is usually that they did not keep records of their off-the-clock hours so they think they can't "prove" their work.  But the law governing wages and hours (the Fair Labor Standards Act), does not require an employee to keep detailed records; rather, the … [Read more...]

Can You Agree Not To Receive Overtime Compensation?

Are you an employee who would be entitled to overtime compensation?  Generally, you are entitled to overtime unless you are an executive, a professional with an advanced degree, or management.  If you do not fall into one of these categories, then you are most likely entitled to time and a half for any hours worked over 40 hours in a week.  We have seen employers request that employees agree not … [Read more...]

Unpaid Commissions in NJ | NJ Unpaid Bonus Lawyer

Are you owed unpaid commissions in NJ? Has your employer or former company failed to pay you commissions that are owed to you? You may be able to recover the commissions based on a breach of contract claim or based on the Federal or New Jersey Wage and Hour Laws. An employer is required to pay commissions based on the agreement or custom/practice at the company. For example, you may not have an … [Read more...]

Off the Clock Work in NJ | Working Off the Clock and Getting Paid ‘Comp Time’ is Illegal

It is illegal in New Jersey for your employer to require that you work off-the-clock. Many employers require their hourly workers to work more than 40 hours per week and then, instead of paying them overtime at 1.5 times their hourly rate, pay them in “comp time” or “time owed.” This comp time just gives the employee some paid time off for the extra hours they worked. But that is illegal. The … [Read more...]

Home Health Care Workers Entitled to Overtime | NJ Home Healthcare Law

A proposed rule relating to Home Health Care Workers would amend the Fair Labor Standards Act ("FLSA") to require that Home Health Care Workers be provided overtime compensation. The FLSA currently has a companionship exemption that prevents Home Health Care Workers from receiving overtime pay. The proposed rule would limit the companionship exemption only to households or families that are … [Read more...]

New Jersey Overtime Rules | Overtime Lawyers NJ | NJ Overtime Attorneys

New Jersey Overtime Rules provide that you are entitled to overtime in New Jersey for any amount of time worked over 40 hours.  The minimum wage in New Jersey is $7.25.  You would be entitled to 1.5x your hourly rate for any overtime in excess of 40 hours.  If you have been denied overtime in New Jersey, you may be entitled to additional damages beyond what was already owed to you. New Jersey … [Read more...]

NJ Overtime Law – Outside Sales Exemption

New Jersey Overtime Law and Federal Overtime Law contain an exemption for outside sales people that disqualifies them from overtime pay in they qualify. An employee is considered an outside sales person if: (1) her primary duty is to make sales, obtain orders or obtain contracts for services; and (2) she spends the majority of time away from the company's offices. If you meet both of these … [Read more...]

NJ Unemployment – Employees of a Religious Organization Are Not Entitled to Overtime

The Federal and New Jersey State tax law exempt churches and religious organizations from paying unemployment taxes.  In 1935 the Federal Government enacted the Federal Unemployment Act of 1935 and in 1970 it was amended to exempt "service performed in the employ of a church … or an organization which is operated primarily for religious purposes and which is operated, supervised, controlled or … [Read more...]

NJ Overtime Law – Complaint on Facebook is not Enough

An employee in Florida filed a lawsuit for unpaid overtime and for retaliation based on her complaint on Facebook that her employer was not paying overtime.  This decision falls on the heals of the Supreme Court's decision in Kasten v. Saint-Gobain Perf. Plastics Corp.  In Kasten, the Supreme Court ruled that an oral complaint by an employee of a violation of the federal wage and hour laws (known … [Read more...]

NJ Overtime Law – Forced Overtime

It happens a lot but few people ever do anything about it.  You can never get all of your work done in 40 hours a week but your boss refuses to approve overtime pay.  The boss says you should be able to finish all your work in eight hours a day, but if you can’t you must stay until it is finished.  Are you entitled to overtime pay?  Yes if (1) you are an hourly worker (or someone who is paid a … [Read more...]

New York’s Wage Theft Prevention Act Signed Into Law

On December 13, 2010, New York passed the Wage Theft Prevention Act (“WTPA”).  The WTPA becomes effective on April 12, 2011 and requires amends New York's labor law as follows: (1) employers must provide notices to all employees annually explaining their pay date, rate of pay, and overtime rate; (2) employers must provide 7 days written notice of any change in pay; (3) the WTPA increased the … [Read more...]

How Much is Overtime Pay Worth to You?

On Sunday, November 30, 2010, an individual rescued a person who fell onto the subway tracks in New York City. The individual stated during his interview with the press explaining why he rescued the person was that "I was thinking, if he gets hit I can't go to work. It's Sunday. I can't miss out. It's a time-and-a-half day." December 6, 2010 - Castronovo & McKinney … [Read more...]

Are You Entitled to Pay For On-Call Time in New Jersey and New York?

You are only entitled to pay pursuant to the Fair Labor Standards Act when you are deemed to be “working” while waiting on-call. In order to demonstrate whether you are “working,” you have to demonstrate that you cannot use your time effectively for other purposes. However, if you are able to perform other activities while on-call, with some restrictions, you will not be considered to be … [Read more...]

Wal-Mart Settles Unpaid Overtime Lawsuit for $86 Million

Wal-Mart agreed to pay $86 million to settle an wage and hour class-action lawsuit asserting it failed to pay vacation, overtime, and other wages to 232,000 former workers in California. The settlement is separate from Wal-Mart's 2008 agreement to pay as much as $640 million to settle 63 federal and state class-action lawsuits for failing to comply with wage and hour laws. Last year, Wal-Mart paid … [Read more...]

Wage Laws – Unpaid Intern or Internship in New Jersey and New York

Unpaid interns may actually be entitled to pay despite the employer classifying the intern as unpaid and the intern agreeing to take the unpaid internship.  The Wage Laws and Overtime Laws do not make it easy for employers to avoid the minimum wage and overtime laws – even for interns. Wage laws are commonly applied to employees.  However, employers may try to circumvent the wage laws by … [Read more...]

Wage Laws in NJ – Exempt Job Duties

The Wage Laws and Overtime Laws in New Jersey and Federal require two factors in order to determine whether you are eligible for overtime pay. First, you must be paid a salary by your employer.  Second,  you must perform duties of an exempt employee.  The second part is commonly known as the "Duties Test."  If you meet both of these requirements, you are entitled to overtime pay based on the Wage … [Read more...]

FLSA Overtime Law – Exempt Administrative Employees

Many employer label employees as exempt from overtime based on a misinterpretation of the Fair Labor Standards Act's exemption for administrative employees.  The definition of an exempt administrative job is (a) office or nonmanual work, which is (b) directly related to management or general business operations of the employer or the employer's customers, and (c) a primary component of which … [Read more...]

Overtime Calculator – Exemptions

Below is a list of common exemptions regarding overtime pay - If you believe you are entitled to overtime, we can help you calculate your overtime and recover it from your employer. COMMON EXEMPTIONS Commissioned sales employees of retail or service establishments are exempt from overtime if more than half of the employee's earnings come from commissions and the employee averages at least … [Read more...]

Am I Entitled to Overtime Pay?

You may be entitled to overtime pay if you are a non-exempt employee under the law.  It doesn't matter how your employer labels you (exempt, contractor, salaried, etc.) because the law controls how you are actually paid and whether you are entitled to overtime.  Exempt employees are not entitled to overtime pay because they are exempted by the New Jersey Wage and Hour laws and the federal Fair … [Read more...]