Is it legal if I am paid hourly but when I go over 40 hours a week I do not receive overtime?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal if I am paid hourly but when I go over 40 hours a week I do not receive overtime?

The company I work for pays me twice a month and they have me log my hours.

Asked on May 11, 2012 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

With a very few industry or job specific exceptions--e.g. certain personnel who work for common carriers (like bus or truckingg companies), all hourly workers must be paid overtime (at a time-and-a-half rate) whenever they work more than 40 hours in a single work week. If the employer is not doing this, the employer would seem to be violating the law (e.g. the Fair Labor Standards Act and the regulations implementing it), and employees who are not paid overtime would have the basis for a lawsuit or to file a complaint with their state department of labor. If you are not receiving overtime when you work more than 40 hours in a week, there is a good chance you would have a claim for unpaid overtime and possibly other damages or compensation, too (e.g. attorney's fees); it would be worthwhile for you to review your situation with an employment law attorney or contact the department of labor.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption