Wage And Hour Law Violations
The New Jersey Wage and Hour Law was enacted to ensure payment of a minimum wage to employees. As of January 1, 2014, the minimum wage rate in New Jersey for a 40 hour work week was $8.25 per hour. An employee entitled to the benefits of the Wage and Hour Law must be paid for all hours worked. All time an employee is required to be at his place of work or on duty is counted as hours worked.
Time spent “on-call” need not be considered hours worked where employees are not required to remain on the employer’s premises and are free to do as they please subject only to leaving word with the employer where they can be reached. If such an employee does go out on an on-call assignment, only the time actually spent in making the call need be considered hours worked. On-call employees required to remain at home to receive telephone calls from customers when their office is closed, but who enjoy long periods of time to engage in their normal activities may be compensated pursuant to any reasonable agreement for determining the number of hours worked.Overtime
Each hour of work in excess of 40 hours in any week is overtime and must be paid at a rate of 1 ½ times the employee’s regular hourly wage. Overtime, as well as minimum wage pay, is computed on the basis of each workweek standing alone; hours may not be averaged over two or more workweeks. There is no requirement that an employee be paid overtime for hours in excess of eight hours per day, nor for work on weekends, holidays, or other days of rest, other than payment of overtime for hours worked in excess of 40.
Employees exempt from overtime include any person employed in a bona fide executive, administrative or professional capacity; outside salespeople, farm laborers, hotel employees, employees of common carriers of passengers by motor bus; limousine drivers who are employed by an employer engaged in the business of operating limousines and employees engaged in labor relative to raising or care of livestock. Trucking industry employers are also exempt from the statutory overtime rate but must pay their employees an overtime rate of no less than 1 ½ times the minimum wage rate.
Employees of health care facilities may not be required to work in excess of 40 hours per week except in the case of an unforeseeable emergency when the overtime is required only as a last resort. The purpose of this rule is to protect the health and well-being of employees and patients alike. However, an employee of a health care facility may agree to work greater than 40 hours per week but their failure to agree to do so is not grounds for disciplinary action
For violations of the New Jersey Wage and Hour Law, an employee may file a wage and hour claim with the New Jersey Department of Labor and Workforce Development – Wage and Hour. Alternatively, an employee who is the victim of a Wage and Hour violation, may maintain a private action in the New Jersey Superior Court for and on behalf of herself and other employees similarly situated and seek payment of all unpaid wages, interest, costs and reasonable attorney fees.
If you believe you are the victim of a violation of New Jersey’s Wage and Hour Law, do not hesitate to contact the attorneys at Mashel Law, L.L.C. Mashel Law located in Marlboro, New Jersey, is dedicated exclusively to protecting the rights of employees.