Overtime pay is one of the most misunderstood areas of employment law, and many New Jersey workers are unaware of their rights. Whether you’re working in retail, healthcare, hospitality, or any other sector, you deserve fair compensation for every hour you work. At NJ Employment Lawyers, LLC, we believe that knowledge is power—and we’re here to help employees understand and enforce their rights under New Jersey’s overtime laws.
What Is Overtime Pay?
Under both the federal Fair Labor Standards Act (FLSA) and New Jersey state law, most employees are entitled to receive 1.5 times their regular hourly rate for every hour worked over 40 in a workweek. This applies whether you’re paid hourly or a salary, unless your job falls under specific exemptions.
Some common exempt positions include certain executive, administrative, professional, and outside sales employees. However, job titles alone do not determine exemption—your actual job duties and salary must meet specific legal criteria.
Common Overtime Violations
Employers sometimes commit overtime violations knowingly or unknowingly. These can include:
- Misclassifying employees as exempt from overtime
- Failing to include bonuses or commissions in overtime calculations
- Not paying for pre-shift or post-shift work, such as logging into systems or attending meetings
- Automatically deducting meal breaks even when the employee works through them
If you’re consistently working more than 40 hours per week and not receiving appropriate overtime pay, you may be entitled to back pay and damages.
Do You Have to Be at Your Desk 15 Minutes Early?
Many employers ask employees to arrive early, stay late, or perform work-related tasks before or after their shifts. A common question we hear is whether being required to be at your desk 15 minutes before your shift counts as compensable work time.
The answer is: Yes, it may be compensable. If your employer expects you to be present and ready to work—even if you’re not clocked in—those minutes may count toward your total hours worked and could push you into overtime territory. This is especially true if those extra minutes are a consistent, expected part of your job duties.
Your Rights Under New Jersey Law
New Jersey law protects employees from wage theft and ensures they receive the pay they’ve earned. If your employer violates overtime laws, you may be eligible for:
- Unpaid back wages
- Liquidated damages (often equal to the amount of unpaid wages)
- Attorney’s fees and court costs
- Reinstatement or protection from retaliation
New Jersey also has strict laws against retaliating against employees who ask about their pay or report wage violations.
What to Do If You Suspect a Violation
If you think you’re not being paid correctly for your overtime hours, follow these steps:
- Document everything: Keep track of your hours, pay stubs, communications with supervisors, and any relevant company policies.
- Ask questions: Inquire with your employer about how overtime is calculated and whether your role is considered exempt or non-exempt.
- Contact an attorney: Speak with a legal professional who understands New Jersey wage and hour laws to review your case.
Our firm can help you understand your classification, determine whether you’re owed compensation, and guide you through the process of making a claim.
For more insights, visit our article on this topic:
Is being at our desks 15 minutes early considered overtime?
NJ Employment Lawyers, LLC Is Here to Help
At NJ Employment Lawyers, LLC, we have extensive experience handling wage and overtime disputes. We know how to challenge unfair employer practices and will fight for the compensation you deserve. If you’re unsure whether your situation qualifies as a legal violation, reach out for a free, confidential consultation.
Contact Information:
NJ Employment Lawyers, LLC
101 Eisenhower Pkwy #300
Roseland, NJ 07068
(973) 358-7027
