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!
Personal Injury Lawyer
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 on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
Employment / Labor Attorney
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
100 Church St
New York, NY 10007
Member of National Employment Lawyers Association (NELA)
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Employment / Labor Attorney
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 relationship.