Can My Employer Force Me to Work Overtime?

Yes, your employer can force you to work overtime. New Jersey employees often incorrectly assume that their employers may not force them to work overtime hours. The New Jersey State Wage and Hour Law (NJSWHL) states that employers may force employees to work overtime as a condition of their employment. This state law is in line with the federal Fair Labor Standards Act (FLSA), which allows employers to fire employees who refuse to work overtime.

Overtime Violations Occur Frequently But Must be Reported

Employees also frequently invoke the FLSA when they have worked an excess of 40 hours per week but were either unpaid for their overtime or paid less than the time-and-a-half they are guaranteed under the statute. Employers have proven adept at developing strategies for evading their overtime pay requirements; however, the law is firmly on the side of employees.

To that end, pre-shift and post-shift work must be counted towards a worker’s weekly hours. Such work can include a roll call or time spent preparing a work environment prior to the official start of the work day.

Additionally, some jobs require special gear or a uniform that can only be donned or doffed on-site. Employees are able to count this time towards their weekly number of total hours worked. Employers are also barred under the FLSA from automatically deducting a lunch break from an employee’s schedule when the employee did not take one, and docking a worker for short breaks of less than 20 minutes.

Schedule a Consultation With Experienced Overtime Attorneys Today

Being denied the wages that you are owed, being asked to work overtime without compensation, or being denied time off that you are legally entitled to is more than frustrating — it is illegal.

If you believe that your employer has violated your rights under state or federal wage and hour laws, we urge you to reach out to us. We have years of experience representing employees and will fight for your wages. With offices in Red Bank, NJ, Marlton, NJ, Newark, NJ, New York, NY, and Philadelphia, PA  we serve clients throughout those states. Contact us for a free consultation today!