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:
- Working extended hours on special projects. An employer can reach an agreement with a salaried employee to provide extra compensation or paid time off at a later date in exchange for added duties that go beyond the scope of the salaried position.
- An employee with both exempt and non-exempt jobs. Employees who work in both exempt and nonexempt positions are eligible for overtime when the nonexempt position requires them to work more than 40 hours in a week or eight hours in a day.
- Healthcare workers. The lines are finely drawn in the healthcare industry. For example, a licensed practical nurse is nonexempt but a registered nurse is exempt.
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.
Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…
Bruce L. Atkins is regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005. This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins brings…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict in…
Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability…
Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…
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