Is my boss violating labor laws?

Asked 10 months ago - Union City, NJ

I have worked at my job for 11 months today. My job is a startup company, and we have only 20 employees in my office. We all pay taxes, our payroll system is through ADP. We all also work full time 35 hours a week. NONE of us receive any benefits, which I don't think is illegal, but we also have been told by the director that we are not eligable for any paid sick days, holidays, or vacation. NOTHING. If I'm sick or I need an afternoon, or god forbid a day off, I don't get payed. I worked at least 100 over time hours in the 2012 holiday season, but my boss has told us all that we must work 80 hours per pay period to receive time and a half. Mind you - we don't get paid lunch so we do 70 hours a pay period. So we have to work an extra 10 hours just to receive time and a half. Ughhhhh!

Attorney answers (3)

  1. Yolanda Navarrete


    Contributor Level 20


    Lawyers agree

    Answered . NJ is a tough state. An employee qualifies for overtime payment only after working more than 40 hours in a week. The employer is not obligated to pay lunch time, vacation or sick days.

    973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely... more
  2. Jennifer Meyer-Mahoney

    Contributor Level 6


    Lawyers agree

    Answered . New Jersey does not require that employees receive paid time off.

    Your boss does not have the formula quite right for overtime however. The law requires that you be paid overtime for any hours worked over 40 hours in a week, not 80 in a pay period. So if you work 45 hours one week and 35 hours the second as you've explained it your boss would pay you 80 hours of straight time because he averages it over the 2 weeks. The law says that you should be paid for 40 hours of straight time in the first week and 5 hours of overtime and 35 hours of straight time for the second week for a total of 75 hours of straight time and 5 hours of overtime.

    This answer is for informational purposes only and does not constitute legal advice or create an attorney client... more
  3. Herbert J Tan

    Contributor Level 17


    Lawyers agree

    Answered . I agree with counsel's statement. Absent any terms contained within an employee handbook or union contract, there exists no law that protects you.

    Herbert Tan, Esq.

    The Mack Cali Building
    One Bridge Plaza North, Suite 275
    Fort Lee, New Jersey 07024
    (201) 849-4548

    Manhattan Office
    100 Church St
    New York, NY 10007
    (914) 830-0215

    Member of National Employment Lawyers Association (NELA)

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more

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