New Jersey has many specific rules that benefit employees on work done beyond their normal hours. Overtime work should pay you more than your standard hourly rate. For every hour worked over a standard 40-hour workweek, you should get 1.5 times your hourly rate.
However, with all the overtime benefits that workers receive, there may be subtle methods employers use to deny wages. As a worker, be vigilant and wary of red flags that may tell you about wage theft tactics.
You stay behind or come in for “prep work”
Your employer should pay you for all of your hours worked. But sometimes, employers can get you to work extra time through sneaky ways. Have you ever had to clock out of work, then stay behind to clean up off-the-clock? Another example is a manager who asks you to come in early to make preparations before you begin your shift.
If you must perform tasks that benefit the business, your employer must compensate you for that time. New Jersey law prohibits mandatory pre- or post-shift work without overtime pay.
Employers compensate insufficiently and in cash
When employers do not use traceable means to pay you your wages, you know something is up. Some employers use underhanded tactics to keep overtime hours off official payrolls and financial records. An employer can take advantage of you by bypassing the regular channel used for your standard 40-hour weekly wage.
For example, if you receive your regular wage via check, your company can choose to pay overtime in cash. An employer might choose to pay off-the-record to avoid the state-mandated overtime benefits. This is a common sign of wage theft.
The employer misclassified your role
In an attempt to avoid paying overtime, employers misclassify employees to exempt them. New Jersey exempts some types of workers from overtime work benefits. Exempt professions are mostly salaried white collar jobs or independent contractors. To qualify for a salaried exemption, you must meet rigorous job requirements and a high minimum salary threshold.
Only certain types of employees do not receive overtime benefits, listed below:
- Independent contractors
- “Outside” field salespeople
- Executive and administrative employees
- Professional employees
- Workers in specific industries (transportation, certain agricultural etc.)
It is illegal to misclassify workers in New Jersey. If an employer labels you as a “supervisor” or “manager”, but you perform basic duties, they may be misclassifying you. If an employer calls you an “independent contractor”, but directs or controls your work, it could be a telling sign.
Fighting for your benefits
Your overtime benefits are a legal right in New Jersey. These rights protect you from unethical work conditions and ensure that your employer will properly compensate you for your contributions. If you suspect that an employer is pocketing your rightful wages, seek legal assistance. A proper legal advocate can prevent the exploitation of your skills and talents.