If you are considering filing an overtime lawsuit against your employer, it’s likely that you have lots of questions regarding the process and everything therein. Well, if it’s any consolation, you are not alone. Many non-lawyers find the New Jersey, as well as the federal overtime pay laws to be confusing, owing to their comprehensive nature.
Here are some frequently asked questions about overtime pay and work hours designed to give you insights into the process. However, this list is by no means exhaustive. For more information, you may want to consult with an experienced lawyer from Sattiraju law firm.
What is overtime pay?
It’s the additional money that you should receive when you work more than 40 hours in a seven-day work week. Overtime pay has to be 1.5 times your hourly rate. Since the minimum wage for New Jersey employees in $8.60 per hours, you should receive at least $12.90 for every extra hour worked.
Am I eligible to overtime pay?
All non-exempt employees are entitled to overtime pay, so if you fall under this category, then yes, you are eligible. However, exempt employees (or those who are salaried and get minimum salary) are not entitled to overtime. The rules under Fair Labor and Standards Act (FLSA) also have exemptions for “highly compensated” workers who routinely and customarily perform one or more of the exempt responsibilities or duties of an administrative, executive or professional employee.
When should I be paid for overtime hours worked?
You should receive your overtime pay on your scheduled paycheck. If this time elapses and you haven’t received your payment yet, you can consult with an employment attorney to establish whether your employer has violated the law.
Am I entitled to more pay for working on holidays, weekends or nights?
The FLSA does not require this – however, it is subject to the working contract as agreed between you and your employer. Depending on your job, you are only entitled to overtime pay when you work 40+ hours in a work week.
What are the penalties for violating payday laws?
If an employer fails to pay the legal minimum wage or violates the overtime law, they may be required to pay all the back wages, and sometimes even be subject to civil or criminal action.
How do I file an overtime pay claim against my employer?
If you have reasons to believe that you have not been adequately compensated for the extra hours worked, you should immediately consult with an employment lawyer to establish whether or not you have a valid case. Employment lawyers have the experience and knowledge to guide you, legally. They will even fill a claim on your behalf it’s established that a violation has happened and you were not adequately compensated.
Are there any time restrictions to filing an overtime suit?
Under the FLSA, you have only two years to file an overtime wage claim. However, this time can be extended to three years if you can prove that your employer willfully violated the overtime wage law.