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New Jersey Overtime Laws

Finding a good job can be a challenge. And when you find work, you deserve to be fully compensated for your efforts. In New Jersey, many employees are entitled to receive time-and-a-half pay when they work more than 40 hours in a week.

The right to receive this extra compensation typically depends on the type of business you work for and your job duties. It applies equally to hourly and salaried employees in the Garden State. Make sure you're receiving all the pay you are entitled to by reviewing the key provisions of New Jersey overtime laws.

New Jersey Overtime Law Summary

This chart highlights key provisions of New Jersey overtime laws.

State and Federal Statutes

Overtime Calculation Methods

  • Hourly: pay time and a half over 40 hours work/week.
  • Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: Pay time and a half for hours over 40.

Exempt from FLSA

  • The following classes of employees are not entitled to overtime pay
    • Railroad workers (most)
    • Truck drivers (most)
    • Outside sales
    • Salary Level Test (pay over federally determined wage)
    • Supervisory employee with management as primary duty

Filing a Wage Complaint

Note: State laws frequently change. It's important to verify laws by conducting your own research or consulting with an experienced New Jersey employment attorney.

What Are New Jersey's Overtime Laws?

New Jersey law requires nonexempt employees to be paid 1.5 times their regular pay rate for hours worked over 40 in a workweek. New Jersey does not require overtime pay when you work more than eight hours in a day.

Not all employees qualify for overtime pay. New Jersey law applies all the federal exemptions from overtime pay. These federal exemptions are listed in the Fair Labor Standards Act (FLSA) of 1938. FLSA was created to provide a minimum standard for how employers across the United States must treat their employees, including overtime wages.

Who Is Exempt From Overtime Laws?

Determining who is exempt from state and federal overtime law is a balance of factors. An employee may fall into an exempt classification if employed as an executive, administrator, or professional employee. To qualify for an exemption from overtime pay requirements, the employer must be able to prove a two-pronged test consisting of a salary basis test and a duties test.

A salary test is met if the employee is paid a fixed amount of money with no deduction for the quantity or quality of the work. The rate paid also must be more than the federally required minimum, which is $455 a week for 2017. Next, the duties test is met by the actual work being done as opposed to "job titles."

Research the Law

If you still have questions about wage and overtime laws in New Jersey, review the following links:

Overtime Pay Issue? A New Jersey Attorney Can Help

Wage and overtime laws are full of requirements and exceptions. It can be difficult to understand what you're entitled to as an employee. If you have an overtime issue at work, speak with an experienced New Jersey employment law attorney who can help you navigate labor law requirements and recover any damages or lost wages caused by improper overtime reporting. 

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