Mark & Galusha, LLC are employment attorneys who handle minimum wage and overtime violations in Branchburg, Raritan and Somerville, and throughout Somerset County, New Jersey.
New Jersey has a very strict rule pertaining to the payment of wages and overtime. Unless you are exempt (air carrier, professional, seasonal, amusement, farming or food service) from the statute, you must be paid a minimum wage (currently $7.25 as of 2009) and overtime for any work after forty hours in one week. Independent contractors are not considered employees.
The law on overtime does not cover working on Saturdays, Sundays or holidays. Instead, the overtime rule applies only to working over 40 hours per calendar week. Further, the rule does not mean that only "hourly" or wage earners are entitled to overtime, but even salaried employees (as long as they are not members of the exempt class) are entitled to overtime. It's usually presumed that salaried employees such as executives, administrative or professional are exempt. All New Jersey employees working over 40 hours in a work week are entitled an overtime wage of at least 1.5 times their regular hourly pay rate - therefore, the overtime minimum wage in NJ is $10.88 per hour. In addition, New Jersey law requires all employees working over 0 hours in a single day to be paid overtime. Some workers or employers are exempt from overtime law including independent contractors, seasonal workers, and some farm workers. Contact the New Jersey Department of Labor for details.
The definition of an exempt employee is one who meets any of the following criteria:
- Primary duties relate to management of the company;
- Typically supervises or directs two or more subordinates;
- Is authorized to hire or fire, promote or change another employee's working conditions;
- Has discretionary powers of the affairs of the company;
- Who devotes less than 20% of his or her work to non-exempt work and retains a supervisory role over at least two employees;
- Has specialized or advance knowledge in a field customarily requiring a higher degree of education or training.
According to the New Jersey Wage Payment Act, at a minimum, employers are to pay wages and salaries at least twice each month.
Furthermore, an employer may not deduct from an employee's paycheck for shortage or breakage, damage to equipment, lost supplies or vehicle or machinery charges. Failure to pay an employee minimum wages may subject an employer to criminal and civil penalties. N.J.S.A. 34:11-56a24. An employer who discharges or otherwise discriminates against an employee who complains of not being paid wages, or who prepares or files with the Department of Labor a wage claim, or who testifies against the employer is in violation of the Act. N.J.S.A. 34:11-56A24. An employer who fails to pay an employee pursuant to the Wage and Hour Act may be sued civilly by an employee, who may be entitled to (a) the amount owed; (b) costs; and, (c) reasonable attorneys' fees. An employee may sue an employer for himself, and for other similarly situated employees.
If you have more questions about a possible violation of the NJ Wage & Hour Act, please feel free to call us Mark & Galusha, LLC at 908-626-1001 or 973-440-2311, or click the "contact us" page and tell us your story.
