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Overtime Pay

New Jersey Overtime Lawyers

Overtime Pay Under the federal Fair Labor Standards Act ("FLSA"), as well as both New York and New Jersey state overtime laws, most but not all employees are entitled to be paid time-and-a-half when they work more than 40 hours in a particular week.

Am I Entitled to Overtime Pay?

Not every employee is legally entitled to receive overtime pay. Rather, there are many exceptions and exemptions to that requirement.

The three primary exemptions from the overtime requirements are for Executive, Administrative and Professional employees. These categories have somewhat misleading names and are fairly narrowly defined. More information is available on our minimum wage page.

Even if you do not fall into one of those three exempt categories, there are many other categories of employees who are exempt from the overtime pay requirement. Among others, they include employees who are exempt from the minimum wage requirement, as well as certain commissioned employees working for retail companies, employees who sell cars, trucks, boats or other specified vehicles to consumers, and employees who work for railroads and airlines.

For more information about whether you are entitled to overtime pay, please feel free to call us at (201) 777-2250 to schedule an appointment with one of our New Jersey overtime law attorneys.

Salaried Employees Can Be Entitled to Overtime Pay

Many employees believe they are not entitled to overtime pay simply because they are paid a salary rather than by the hour. However, that is not necessarily true. Many salaried employees are entitled to receive overtime pay.

Regardless of how you are paid, you are entitled to be paid time-and-a-half for your overtime hours each week in which you work more than 40 hours unless you fall into an exempt category. Otherwise, companies would be able to avoid paying its employees overtime just by paying them a salary instead of by the hour.

Time Off Generally Is Not a Substitute for Overtime Pay

Private companies are not permitted to give employees paid time off instead of paying them time-and-a-half for their overtime hours. In other words, they cannot offer compensatory time instead of overtime pay.

However, in both New Jersey and New York, state and local government employers can offer their employees the option of receiving compensatory time instead of being paid time-and-a-half for their overtime hours.

Overtime Pay Based on Company Policies and Agreements

Even if you are not legally entitled to overtime pay under state or federal law, some companies have more generous policies. Likewise, employees may be entitled to be paid extra for their overtime hours based on their employment contracts or offer letters.

For instance, some companies voluntarily agree to pay their hourly employees time-and-a-half before they have worked 40 hours per week, or for working on holidays or weekends. Other companies count paid breaks toward their hours worked when calculating overtime pay, even though the law does not require them to do so. These policies and agreements often can be legally enforceable.

Wage and Hour Law Class and Collective Actions

The New Jersey overtime lawyers at Rabner Baumgart Ben-Asher & Nirenberg, P.C. have handled many class and collective actions against companies that have violated New York and New Jersey overtime laws by failing to pay overtime to large groups or categories of employees. Frequent victims of wage and hour violations include assistant managers, shift supervisors, loan officers, waiters, waitresses, bartenders, cooks, service technicians, salespeople, call center workers, nurses, and janitors.

Minimum Wage

Many employees who have been denied overtime pay also are have not been paid the minimum wage. More information is available on our minimum wage claims page.

Wage Payment Claims

Employees are legally entitled to be paid all of the salary and hourly wages they earned.  More information is available on our unpaid wages page.

Contact an Experienced Employment Lawyer

Employers often take advantage of the fact that it can be complicated and confusing for employees to determine if they are entitled to overtime pay. Other employers do not understand wage and hour laws correctly.

Either way, if you believe your employer is not paying you all of the wages to which you are entitled, and would like to schedule an appointment with one of our New Jersey overtime law attorneys, you can contact us online or call us at (201) 777-2250.

Client Reviews
"I worked with Jonathan Nirenberg, ESQ on a sensitive emotional employment matter. Mr. Nirenberg was quick to respond, offered excellent advice, and always followed up with phone calls or emails when needed. My situation was settled out of court within a short period of time with the best possible results for not just me but also for the employer. Highly recommend and would seek his help again if needed..." Linda Busch, PhD
"We've had the pleasure of working with Jonathan on multiple individual and class employment cases. Jonathan is a skilled, dedicated and caring attorney that works diligently to bring justice for his clients. We would recommend Jonathan as a legal resource for any employment cases." Stephan Zouras, LLP
"I felt alone and without a voice, until I hired Jonathan I. Nirenberg of Rabner Baumgart Ben-Asher & Nirenberg, P.C. Mr. Nirenberg represented me in an employment matter. Without his help, I know that I would not have had the extremely successful outcome I had. Jonathan was not only professional, but very empathetic to what happened to me. Jonathan gave me support, and options in relation to a challenging employer/employment situation which was an extremely difficult time in my life..." Shelly Smith