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.

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2 Lawyer Answers
Emre Polat
PREMIUM
Emre Polat
Answered
  • 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
PREMIUM
Andrew S. Abramson
Answered
  • 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.

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