Most employers in New Jersey are required to pay overtime under both state and federal laws. Overtime hours are paid one-and-one-half times the normal hourly wage of an employee. There are a number of exceptions to the overtime laws. Some employees are not eligible for overtime and are called exempt employees while those who are eligible are called nonexempt workers. Swartz Swidler can assist people who are owed overtime.
Weekly versus daily standards
The weekly overtime standard means that employees who are nonexempt are entitled to receive overtime pay for every hour that they work in a week beyond 40. This rule applies regardless of the number of hours an employee might work in a day.
A few states have a daily overtime standard, which means that nonexempt employees receive overtime pay for each hour that they work beyond eight in a workday. However, New Jersey does not have a daily overtime standard.
Employers who must pay overtime
Some employers do not have to pay overtime. Employers who are covered by the Fair Labor Standards Act and those that are engaged in interstate commerce must pay overtime, however.
Employees who are entitled to overtime pay
Nonexempt employees are entitled to be paid overtime pay for the hours that they work beyond 40 in a week. Exempt employees who are not entitled to overtime pay include the following:
- Professional, administrative, and executive workers who receive salaries
- Volunteers
- Outside sales personnel
- Computer workers who earn a minimum of $27.63 per hour
- Seasonal workers of recreational businesses
- Workers who work at nonprofit educational centers, religious centers, and organized camps
- Some workers at small newspapers
- Newspaper delivery people
- Fishing operations workers
- Seamen
- Small farm workers
- Some switchboard operators
- Criminal investigators
- Companions and domestic babysitters
Exception for professional, executive, and administrative employees
White collar workers are generally considered to be exempt employees who are not entitled to overtime pay. However, some workers are misclassified as exempt professional employees when they should be considered to be nonexempt employees.
To be exempt, professional, executive, or administrative employees have to be paid a regular salary. Their jobs must also require that they use independent judgment and discretion. The salary that exempt employees receive must be a minimum of $455 per week, and it must be the same salary each week.
The work that administrative, executive and professional workers perform must be work that is related to the business’s operations, is supervisory in nature, or requires an advanced degree.
Contact Swartz Swidler
If you believe that you were entitled to overtime that you did not receive or have been misclassified as an exempt employee, you may have legal rights. Contact Swartz Swidler for a free evaluation of your potential claim.
