What can I do if I’m not getting paid correctly for my hours worked?

UPDATED: Aug 26, 2019

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What can I do if I’m not getting paid correctly for my hours worked?

I am an hourly employee and when I work overtime I get time and a half; when I take vacation I get my overtime as straight time which is fine. However, my manager and other managers in my company are not paying us what we are due. Instead of paying us 8 hours for a vacation day they use our overtime for that week. An example I was out 2 days in August for vacation, she paid my 8 hours 1 day and 4.43 hours the second day taking my time from my overtime. I have spoken with my HR department and they said she cannot do this but nothing has been done about it. For another girl in my office she was out for 2 days on a work trip and she did not pay her at all for those days and it was a work trip. Do we have a case against the company?

Asked on August 26, 2019 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Vacation time is not only paid as straight. time, not overtime, but it does not count for calcuation of overtime: for example, if you take two days of paid vacation (16 hours) and work 36 hours (12 hours per day) the other three days, you are paid 52 hours of straight time and no overtime.
So bearing the above in mind when you calculate what you should have been paid:
1) A work trip (your colleague's trip) is work time and must be paid (and counted towards overtime) for hourly employees.
2) Any overtime actually earned cannot be applied against vacation time.
If you are not being paid what you should, bring this to the attention of the state department of labor.

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