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.
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.
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Fort Lee, New Jersey 07024
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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.
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