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Do I have to pay overtime to my employee?

Newark, NJ |

I hired an employee to work in my warehouse from 9am to 7pm daily.
Do I have to pay him overtime for above 40 hours per week; or since I hired him for those hours, it's not called overtime?

Thanks,

Attorney Answers 4

Posted

Generally, any employee who is not exempt from overtime (i.e., executive, administrative or professional) must be paid overtime pay at the rate of one and a half times his or her pay for all hours over 40 worked in any given work week, regardless of your agreement with that employee.

The information provided above is for general purposes only. It does not constitute legal advice or create an attorney-client relationship. Seek competent legal representation, because the facts of each case are different.

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Posted

I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

That being said, if you are covered by the Federal Fair Labor Standards Act, you must pay overtime to any employee who works more than 40 hours per week, at a rate of time and a half. The fact that you hired the employee for more than 40 hours per week does not change your obligation.

/Christopher E. Ezold/

I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

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Posted

The general rule is that you are required to pay time and a half for all hours over 40 that the employee works in a week. There are multiple exemptions to the Fair Labor Standards Act, but to fully analyze your situation, you would need to consult with an experienced employment lawyer. Good luck.

A response to a question posted on Avvo is not intended to create an attorney-client relationship. It is informational only.

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Posted

While I agree with the previous answers, you are also required to provide a lunch break which is away from work responsibilities since he is working more than six hours, and you don't have to pay the employee for that break. So if he is hired for 50 hours per week, less 5 1hr llunch breaks, that is 45 hours, the last 5 paid at time and a half, totaling a whopping 2.5 hours of extra pay, something you can probably live with if this covers your shift well.

This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.

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