New Jersey Overtime Laws
Finding a good job can be a challenge. And when find work, you deserve to be fully compensated for your efforts. In New Jersey, many employees are entitled to receive time-and-a-half pay when they work more than 40 hours in a week. The right to receive this extra compensation typically depends on the type of business you work for and your job duties. It applies equally to hourly and salaried employees in the Garden State. Make sure you're receiving all the pay you are entitled to by reviewing the key provisions of New Jersey overtimes laws.
New Jersey Overtime Law Summary
This chart highlights key provisions of New Jersey overtime laws.
State and Federal Statutes
Overtime Calculation Methods:
Exempt from FLSA
Filing a Wage Complaint
Note: State laws frequently change. It's important to verify laws by conducting your own research or consulting with an experienced New Jersey employment attorney.
What Are New Jersey's Overtime Laws?
New Jersey law requires nonexempt employees to be paid 1.5 times their regular pay rate for hours worked over 40 in a workweek. New Jersey does not require overtime pay when you work more than eight hours in a day.
Not all employees qualify for overtime pay. New Jersey's applies all the federal exemptions from overtime pay. These federal exemptions are listed in the Fair Labor Standards Act (FLSA) of 1938. FLSA was created to provide a minimum standard for how employers across the United States must treat their employees, including overtime wages.
Who is Exempt From Overtime Laws?
Determining who is exempt from state and federal overtime law is a balance of factors. An employee may fall into an exempt classification if employed as an executive, administrator, or professional employee. To qualify for an exemption from overtime pay requirements, the employer must be able to prove a two-pronged test consisting of a salary basis test and a duties test.
A salary test is met if the employee is paid a fixed amount of money with no deduction for the quantity or quality of the work. The rate paid also must be more than the federally required minimum, which is $455 a week for 2017. Next, the duties test is met by the actual work being done as opposed to "job titles."
Research the Law
If you still have questions about wage and overtime laws in New Jersey, review the following links:
- Official State Codes
- U.S. Labor Code
- Federal Wage Law: The Fair Labor Standards Act
- New Jersey Employment Laws
Overtime Pay Issue? A New Jersey Attorney Can Help
Wage and overtime laws are full of requirements and exceptions. It can be difficult to understand what you're entitled to as an employee. If you have an overtime issue at work, speak with an experienced New Jersey employment law attorney who can help you navigate labor law requirements and recover any damages or lost wages caused by improper overtime reporting.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.