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Are You a Salaried Employee? Know Your Overtime Rights in New York and New Jersey

If you work a full-time job in New York or New Jersey, understanding your overtime rights is important. New York is home to big cities like New York City, Buffalo, and Albany and is known for its strong business opportunities and busy work culture. 

New Jersey has cities like Newark, Jersey City, and Trenton, and a mix of industries where many people work in offices, factories, and services. Both states have laws to protect workers and make sure employees are treated fairly. 

For salaried workers, it is important to know the rules. In particular, if you are a salaried employee in New Jersey, you should understand NJ labor laws for salaried employees to make sure you are being paid correctly.

Understanding Overtime Rights for Salaried Employees

Federal law, under the Fair Labor Standards Act (FLSA), generally requires non-exempt employees to receive overtime pay for hours worked over 40 in a week. Many salaried workers are considered “exempt,” which means they are not automatically entitled to overtime. 

However, being salaried does not always mean you are exempt. In New York and New Jersey, some salaried employees must be paid overtime depending on their job duties, salary level, and employment type.

In New York, salaried employees earning less than a certain amount may qualify for overtime even if they have managerial or professional titles. In New Jersey, certain salaried employees who perform non-exempt work are also entitled to overtime pay. Knowing your classification and rights is key to making sure you are paid fairly.

How New York Overtime Laws Work

In New York, the state sets minimum salary thresholds for exempt employees. If your salary is below that level, you are non-exempt and must be paid overtime at 1.5 times your regular rate for hours worked over 40 in a week. New York also provides protections beyond federal law for some workers, including healthcare employees, teachers, and other professionals.

Employees should keep track of their hours and understand what counts as overtime. Meal breaks, training time, and some other hours can sometimes affect overtime calculations. Consulting an attorney or HR professional in New York can help clarify your rights.

How New Jersey Overtime Laws Work

New Jersey has rules similar to federal law but also provides additional protections. Salaried employees may still be eligible for overtime if their job duties do not meet exemption requirements under labor laws for salaried employees. Overtime must be paid at 1.5 times the regular hourly rate, and employers cannot improperly reduce hours to avoid paying overtime.

Certain industries in New Jersey, including retail, hospitality, and healthcare, have extra protections for salaried workers. Keeping accurate records of hours worked is essential to make sure your rights are protected.

Steps to Protect Your Overtime Rights

  1. Know your classification: Check if you are considered exempt or non-exempt in your state.
  2. Track your hours: Even salaried employees should record hours worked each week.
  3. Review state labor laws: Learn the rules and salary thresholds in New York and New Jersey.
  4. Speak to HR or an attorney: If you think you are owed overtime, get professional advice.
  5. Keep documentation: Save pay stubs, schedules, and any communication about hours worked.

Key Takeaways

  • Being salaried does not automatically mean you cannot receive overtime.
  • New York and New Jersey have different rules and thresholds for overtime eligibility.
  • NJ labor laws for salaried employees require some workers to receive overtime even if they earn a fixed salary.
  • Track your hours and keep records to protect your rights.
  • Professional guidance from HR or an attorney can help ensure you are paid correctly.

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