The New Jersey Division of Wage and Hour Compliance oversees the state’s labor laws including matters of minimum wage, payments, child labor, and overtime. Overtime is defined as the time an employee works past their regular 40 hours per week.
Per the New Jersey State Wage and Hour Law, payment for overtime work is time and a half per hour for every employee in the state. There are many types of workers in the state who may be exempt from overtime compensation. These include:
Executives in New Jersey are exempt from overtime if they: direct the work of at least two full-time employees, work primarily in a managerial position, and maintain the authority to hire and fire employees. Executives are also exempt if they spend at least 80 percent of their time performing managerial or executive duties. They must also spend no more than 40 percent of their workday in a service or retail business. Exempt executives are paid a salary rather than an hourly wage.
Other professional workers that are also exempt from overtime compensation under the New Jersey State Wage and Hour Law are administrative employees. Administrative employees work in non-manual business positions such as educational administration, training, and office or business work. Administrative employees demonstrate independent judgment and decision-making at work. They support other executives and administrators. Overtime-exempt administrative employees work with general supervision and perform jobs that require specific training, experience, or skills.
The New Jersey Division of Wage and Hour Compliance classifies a third category of workers who are exempt from overtime. They are professional employees. Professionals have jobs that require extensive education and/or specialized knowledge. Exempt professionals might work in artistic disciplines, academic teaching, or technology, among other professions. Professional employees are paid a salary. They exercise judgement in their job and perform work that is primarily non-manual.
Hourly workers that do not meet any of the criteria for exemption should receive overtime pay for doing any “off the clock” work related directly to their job. For example, putting and removing special safety equipment before and after a shift might qualify as overtime. The overtime laws in New Jersey can be confusing. A knowledgeable Cherry Hill employment lawyer will help you determine if you qualify for overtime and prove your claim if necessary.
Cherry Hill Employment Lawyers at McOmber McOmber & Luber, P.C. Protect Workers Seeking Overtime
When an employer asks you to work off the clock without offering overtime compensation, they may be breaking the law. Cherry Hill employment lawyers at McOmber McOmber & Luber, P.C. help you decipher New Jersey’s complicated overtime laws. Call our Marlton, New Jersey office to schedule an initial consultation with a Cherry Hill employment lawyer at 856-985-9800. You can also complete our online contact form to begin. McOmber McOmber & Luber, P.C. have offices in Marlton and Red Bank to serve clients throughout New Jersey.