When Must Your Employer Pay Overtime?

Yes, workers can get time and a half pay for every hour they work beyond the 40^th hour in a seven-day period, but this is only part of the story. Almost everyone works more than 40 hours per week, and only some people ever get paid the overtime rate. Whether or not you get the overtime pay rate depends on the nature of your work and on your payment arrangement, among other factors. Therefore, if you are not getting overtime pay, it might be because your job is in an exempt category. It might also be because you qualify for overtime pay, but your employer is using twisted logic to avoid paying it to you, in which case, you should contact a New Jersey employment lawyer.

Overtime Pay Eligibility In New Jersey

According to the Fair Labor Standards Act, your employer must pay you 1.5 times your hourly wage for every hour you work beyond 40 hours in a week (defined as seven consecutive days).  As of 2021, the minimum wage is $12 per hour, which means that you will get a minimum of $18 for each overtime hour you work. Most employees who get paid an hourly rate, as opposed to a monthly or annual salary, are eligible for overtime pay. The law explicitly states that cashiers, construction workers, factory workers, firefighters, paramedics are eligible.  Meanwhile, agriculture and livestock workers, hotel workers, and bus and limousine drivers are not eligible. Domestic workers such as housekeepers and nannies are eligible for overtime pay unless they are employed on a live-in basis, with the employer providing lodging.