Bound Brook, NJ asked in Employment Law for New Jersey

Q: My employer automatically deducts 30 minutes for lunch break even if I do not clock out to take it. Is it illegal?

I also work at least 48 hours a week if not more and am not paid for overtime.

Related Topics:
2 Lawyer Answers

Emre Polat Esq.

  • New York, NY
  • Licensed in New Jersey

A: You’re employer is required to pay you overtime for any hour over 40 in a workweek as well as spread of hours pay for each day in which you work more than 10 hours. Consider a consultation to determine if you qualify to be paid overtime in your position.

Andrew S. Abramson

  • Blue Bell, PA
  • Licensed in New Jersey

A: Employers must pay employees overtime pay at 1.5 the employee's regular rate of pay even if you are paid on a salary basis unless your job duties fall into an exempt category. You may have a substantial unpaid overtime claim against your employer. It is essential that you consult with an experienced employment law attorney as soon as possible to thoroughly review all facts and determine if you have a claim. Feel free to contact our office to discuss.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.