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 Laws.
Employees are not entitled to overtime pay if they perform high-level work involving independent judgment. Each job is different and it is important that an Overtime Lawyer discuss the requirements of your job and evaluate whether you are entitled to overtime pay based on the wage laws. Keep in mind though as an easy reference, the exemptions from overtime pay are commonly referred to “white-collar exemptions.” The intent of the exemptions is to exempt white-collar employees from the wage laws requirement for overtime pay. Whereas, a blue-collar job would not be exempt from overtime.
The first step in this evaluation is to look at the primary duty of your job. What do you do the most? What is the most important part of your job? If your primary job duty fits into an exemption, you will not be entitled to overtime. Please contact us if you believe you may be entitled to overtime pay based on the wage laws. We can help you recover the overtime pay you are owed.
Dated: May 7, 2010 – Castronovo & McKinney – Wage Laws in NJ