Can My Employer Make Me Work More than 40 Hours and Not Pay Overtime?

In most cases, your employer cannot legally make you work more than 40 hours a week without paying overtime in New Jersey. Under the Fair Labor Standards Act (FLSA) and New Jersey state law, non-exempt employees must receive overtime pay for any hours worked over 40 in a workweek. Overtime must be compensated at a rate of at least one and a half times the employee's regular hourly wage.

Certain employees, such as those in executive, administrative, or professional roles, may be classified as exempt and are not entitled to overtime pay. However, most hourly and some salaried workers are non-exempt and should receive overtime compensation.

Employers who fail to pay the required overtime wages are in violation of labor laws and may be subject to legal action, including the payment of back wages and penalties.

We can help New Jersey workers address any wage and hour problems. Questions?  Contact Alex Pisarevsky at (201) 845-9600 or ap@njlawfirm.com.