New Jersey Sample Letter for Denial of Overtime
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How to fill out Sample Letter For Denial Of Overtime?
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FAQ
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.
Overtime is payable at the rate of 1 1/2 times the employee's regular hourly rate for hours worked in excess of 40 in any week except exempted by wage order. New Jersey exempts all employees working for nonprofit, seasonal camps and retreats from overtime pay, as well as a variety of other occupations.
Exemptions » Employees are exempt from the overtime requirements if they are employed in a bona fide executive, administrative, professional, or outside sales capacity. In defining those terms, New Jersey law expressly relies on the regulations promulgated pursuant to the Fair Labor Standards Act.
The employee and employer agree the employee will receive a fixed salary each week to cover all hours worked, plus overtime at 1/2 times the regular rate. This practice is acceptable under the FLSA, provided certain conditions are met. New Jersey employers are allowed to use the fluctuating workweek method.
Because they're exempt, salaried employees, you would pay them their $1000/week salary for all four pay periods, regardless of the number of hours workedand no overtime pay is required. So, if your employee is both salaried and classified as exempt, they are not entitled to overtime pay.
Overtime is payable at the rate of 1 1/2 times the employee's regular hourly rate for hours worked in excess of 40 in any week except exempted by wage order. New Jersey exempts all employees working for nonprofit, seasonal camps and retreats from overtime pay, as well as a variety of other occupations.
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.
Salaried Employees Can Be Entitled to Overtime Pay Regardless of how you are paid, you are entitled to be paid time-and-a-half for your overtime hours each week in which you work more than 40 hours unless you fall into an exempt category.
There's no legal right to pay for working extra hours and there are no minimum statutory levels of overtime pay, although your average pay rate must not fall below the National Minimum Wage. Your contract of employment should include details of overtime pay rates and how they're worked out.
Under New Jersey's state Wage and Hour Law, individuals employed in a bona fide executive, administrative, professional, or outside sales capacity may be exempt from the overtime provisions of the law as defined by federal law (NJ Rev. Stat. Sec. -7.2 ).
