Federal laws set standards that require employers to pay most workers overtime wages for any time worked over 40 hours a week.
Generally speaking, employers have to pay 150% of a worker’s hourly wage for all overtime worked.
New York and New Jersey also have their own overtime laws which, in many respects, are like the federal laws. However, in other respects, the laws of New York and New Jersey require employers to go above and beyond federal overtime laws.
New York’s laws protect additional workers
For example, even if an employee in New York would not qualify for overtime wages under federal laws, he or she may still be entitled to overtime pay under New York’s separate laws.
On a related point, the fact that a person gets paid a salary instead of an hourly wage does not mean he or she cannot receive overtime.
If the employee otherwise qualifies, it is the responsibility of the employer to make sure the employee receives overtime compensation according to the law.
New Jersey’s laws also favor overtime compensation
New Jersey’s laws also favor paying overtime to employees who work over 40 hours a week at the proper rate.
The law also imposes severe punishments for employers who try unlawfully to get around these laws. For example, an employer may have to pay an employee double the overtime wages the employer did not pay as well as the employer’s costs and attorney fees.
Workers in New York and New Jersey who feel that they have been deprived of overtime should not hesitate to explore their legal options for correcting the injustice.