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Overtime Laws and Nontraditional Work Schedules

The rules regarding overtime pay are fairly straightforward for the vast majority of employees in New Jersey. The general rule is that workers must receive 150 percent of their normal wage for every hour worked in excess of 40 per week. But there are several occupations to which exceptions apply, and vocations that demand nontraditional working hours may create complexities.

Several types of work are generally exempt from New Jersey’s overtime requirements, including:

  • Agricultural work
  • Hotel employees
  • Common carrier employees
  • Livestock employees
  • Employees of nonprofit summer camps, conferences and retreats during summer months

The New Jersey exceptions generally are the same as those in the federal Fair Labor Standards Act.

Employees who live on the premises where they work and who keep irregular and inconsistent duty hours are usually not entitled to overtime, but they must receive at least eight hours compensation each day. An example would be the live-in manager of an apartment building.

Likewise, employees are usually not entitled to count on-call time as hours worked unless they are severely restricted as to how they can use the hours while they’re on call. Even if an employee is required to remain at home while on call, the law generally respects any reasonable agreement between employer and employee regarding compensation.

If you are a live-in employee, spend significant time on call or otherwise have a nontraditional work schedule, understanding how state and federal overtime laws apply to you can be challenging. If you believe you are not receiving the compensation to which you are legally entitled, a knowledgeable New Jersey wage and hour attorney may be able to help.

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Neil H. Deutsch
Senior Partner

About 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…

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Bruce L. Atkins
Senior Partner

About 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…

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Adam J. Kleinfeldt
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About Adam J. Kleinfeldt joined Deutsch Atkins, 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 a…

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Diane Englander Peyser
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About Diane Englander Peyser joined Deutsch Atkins, PC in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins, PC, Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability discrimination, FMLA, New…

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Debra M. McGarvey
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About Debra M. McGarvey joined Deutsch Atkins, 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 Americans…

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