Unpaid Overtime Claims

Does your employer require you to work in excess of 40 hours a week and not compensate you at a rate of 1½ times your hourly wage rate? Have you complained to your employer that you are entitled to overtime pay and have been retaliated or terminated for making the complaint? The New Jersey employment lawyers at Smith Eibeler can advice you whether you are eligible for overtime pay and assist in your recovering any overtime pay that may be due to your from your employer.

Any time worked by an eligible New Jersey employee over 40 hours in a given workweek is considered overtime and a New Jersey employer must compensate the eligible employee at a rate of 1½ times the employee’s regular hourly wage for the time worked. New Jersey Wage and Hour Law defines regular hourly wage as the amount regularly paid to the employee for each hour of work which. An employee’s regular hourly wage is calculated by dividing the total hours of work during the week into the employee’s total earnings for the week exclusive of overtime premium pay.

Many New Jersey employees believe that they are not entitled to overtime because their on “salary”. This is not always the case. All New Jersey employees are entitled to receive overtime pay unless they work in an exempted job position. Exempted job positions that do not have a right to overtime pay include bone fide executives, administrative employees, professional employees, outside sales persons, farm laborers, hotel employees, employees of common carrier of passengers by motor bus, limousine drivers and employees who raise and care for livestock.

If you have a question regarding your Wage and Hour Law and overtime pay rights, call the New Jersey employment lawyers at Smith Eibeler to schedule a consultation.