In New Jersey, workers who are considered to be non-exempt employees are entitled to receive overtime pay when they work more than 40 hours in a work week. Not all employees are entitled to receive overtime, however. For employees who are entitled to overtime pay, the amount that they must be paid will be calculated based on their normal hourly rate. The attorneys at Swartz Swidler help people to recover overtime pay that they should have received.
What is overtime pay?
Employees who are not salaried employees making at least $455 per week are protected under the federal overtime laws. Highly compensated employees may be exempted from the overtime requirements if they regularly perform the duties of a professional, administrative, or executive employee. Employees who are entitled to overtime pay must be paid a rate of time-and-one-half of their normal hourly pay for every hour that they work above 40 in a week.
What is double time?
Double time pay is double your normal hourly rate. This is sometimes paid by employers for people who work during holidays. Employers are not required to pay double time pay to their workers. However, some employers offer it as an agreement with their workers.
Calculating overtime pay
Overtime pay is calculated based on the normal work week. Non-exempt workers who work more than 40 hours in a week must be paid overtime. It is calculated at one-and-one-half times their normal hourly rates. For example, a worker who earns $20 per hour and who works overtime will be entitled to receive $30 per hour for the hours that he or she works beyond 40 in a week.
The Fair Labor Standards Act defines a workweek as a recurring time period of 168 hours, which is seven 24-hour periods of time. The workweek may begin on any day as long as the employer uses the same calculation consistently.
Hospitals are allowed to calculate overtime pay based on 14-day periods instead of seven-day periods. Non-exempt workers may be paid on a weekly, semi-monthly, bi-weekly or monthly basis. Any overtime pay that the employee has earned will be paid during the same period of time that it was earned.
Employees who are not entitled to overtime
Exempt workers are not entitled to receive overtime pay. This includes workers who are earning salaries of at least $455 per week. The FLSA also exempts highly compensated workers who regularly perform the responsibilities of a professional, administrative, or executive employee.
There are a number of other categories that are exempt from overtime pay. However, many people are required to be paid overtime pay. If you believe that you should have been paid overtime but were not, talk to the attorneys at Swartz Swidler today.
