Union, NJ asked in Employment Law for New Jersey

Q: If you are a salaried employee, is there a percentage of time your week can be spent tasking?

I seem to recall there is a certain percentage where if that is met, overtime needs to be paid

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1 Lawyer Answer
Carrie Dyer
Carrie Dyer

A: I am not sure what you mean by "tasking." If you are properly classified as a salary exempt employee, then you would not be entitled to overtime regardless of the number of hours you work per week or the time you spend on certain tasks. However, you must be paid overtime for all hours worked in excess of 40 in a workweek if you are not properly classified as a salary exempt employee under one of the available exemptions (e.g., administrative, professional, computer, etc.). You should consult an employment attorney in your area to discuss your job duties and pay structure to ensure your employer is complying with the law.

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