The National Fair Labor Standards Act of 1938 established the federal rules on overtime pay along with the 40-hour workweek. Under the rules, employees in certain types of positions are entitled to overtime pay of 1.5 times their regular pay rate.
The rules generally apply to hourly rather than salaried employees. The rules get a bit complicated in some states, including New Jersey, where the state has added protections that potentially apply to some salaried employees. For example, an employee might work two different jobs at different pay rates for the same employer. In that case, New Jersey law calls for overtime to be calculated based on a weighted average.
Other complications relating to the overtime rules include:
If you believe you are a nonexempt employee and your employer refuses to pay you overtime for the hours you work beyond 40, you should speak with a wage an hour lawyer.