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

By Thomas McKinney

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 federal Fair Labor Standards Act requires that each hourly worker get paid overtime at 1.5 times their regular hourly rate for each hour worked beyond 40 hours in a week. Just getting comp time is not enough under the law.

If your boss is making you work overtime without pay in exchange for comp time or perform work off-the-clock without pay in NJ, call one of our NJ Overtime Lawyers for a free consultation about your rights.

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.