Overtime Pay

Experienced New Jersey Overtime Lawyers Ensuring Workers Are Fairly Compensated

Employees in New Jersey work hard to support themselves and their families. The law requires that they are compensated for those efforts. Both federal and state wage and hour laws give most employees the right to receive overtime pay when they put in more than 40 hours in a single workweek. Unfortunately, some employers misclassify employees, or misinterpret or ignore the law, leading to unpaid wages. A knowledgeable New Jersey overtime lawyer can help you determine your rights and recover the pay you earned.

Who Qualifies for Overtime Pay?

Under the federal Fair Labor Standards Act (FLSA) and the New Jersey Wage and Hour Law (NJWHL), most employees are entitled to be paid at a rate of one and one-half times their regular hourly rate for every hour worked beyond 40 in a week. However, not everyone qualifies.

The most common exemptions apply to:

• Executive employees – those with primary management duties, supervision of two or more employees, and input into hiring or firing decisions.
• Administrative employees – employees performing office or non-manual tasks directly related to business operations, with authority to use independent judgment on significant matters.
• Professional employees – employees whose work requires advanced knowledge in a specialized field, or who perform creative work requiring originality and artistic skill.

Other exemptions may apply to commissioned retail workers, certain salespeople, transportation employees, and agricultural workers, among others. Because the exemptions are narrowly defined, it is important to consult with a New Jersey overtime lawyer if your employer claims you are exempt.

Are Salaried Employees Entitled to Overtime?

Many employees mistakenly believe that receiving a salary automatically disqualifies them from overtime pay. In reality, whether you are eligible depends on your job duties and your level of pay—not the fact that you are salaried. If your employer has told you that you are not entitled to overtime simply because you earn a salary, that may be incorrect.

Overtime Cannot Be Replaced with Time Off

In the private sector, an employer cannot offer paid time off instead of paying time-and-a-half for overtime hours. This practice, sometimes called “comp time,” is not allowed under federal or New Jersey law for private employers. Only public employers, such as state or local governments, may provide compensatory time off instead of overtime pay.

Overtime Based on Company Policies or Contracts

Even if you are not legally entitled to overtime under federal or state law, your employer may have adopted a policy or included terms in your employment agreement that provide additional pay. For example, some companies voluntarily pay time-and-a-half for weekend work, holiday shifts, or hours beyond an agreed upon threshold lower than 40 hours. These promises may be enforceable, and a New Jersey overtime lawyer can help you determine whether you are entitled to additional compensation.

Common Industries with Overtime Violations

Wage and hour violations are widespread, and certain industries are more prone to abuse. Employees who often face problems with unpaid overtime include:

• Assistant managers and shift supervisors
• Loan officers and financial sales staff
• Restaurant servers, bartenders, and staff
• Retail sales associates
• Call center employees
• Nurses, medical staff, and technicians
• Janitors and cleaning staff

In many cases, employers misclassify these employees as exempt, or require them to perform work “off the clock.” Both practices are unlawful.

Overtime and Related Wage Claims

Overtime violations often occur alongside other wage issues. Many employees who have not been paid proper overtime also discover they were denied minimum wage or that their employers failed to pay all wages owed. These claims may be pursued together to maximize recovery.

Protecting Your Rights with a New Jersey Overtime Lawyer

Employers sometimes rely on confusion about wage and hour laws to underpay workers. Others may retaliate against employees who raise concerns about unpaid wages. Both are unlawful. If you believe you were not properly compensated for your overtime hours, you have rights. However, it is important to speak with a New Jersey overtime lawyer as soon as possible. Our lawyers will evaluate your situation, explain your rights, and pursue legal action if necessary.

Contact Rabner Baumgart Ben-Asher & Nirenberg, P.C.

If your employer has failed to pay you overtime or other wages you earned, Rabner Baumgart Ben-Asher & Nirenberg, P.C. can help you protect your rights. Call our office today at (201) 777-2250 or contact us online to schedule a consultation with an experienced New Jersey overtime lawyer.