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When Do Salaried Workers Deserve Overtime Pay in New Jersey?

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.

 

 

 

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Neil H. Deutsch
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