Wage Hour Law in New Jersey

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Working 14 to 15 hour a day for a company in Bergen County, New Jersey. Does my boss have the right to deny me from taking lunch? Do I have a right to be paid overtime?

Asked 3 years ago under Employment and Labor | 941 Views | More Legal Topics

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SJZ, Member, New York Bar | FreeAdvice Contributing Attorney Answered 3 years ago

(1) Assuming you are over 18, then neither NJ nor federal law requires that you be given a meal break (e.g. lunch). Here's are two helpful links: http://www.dol.gov/dol/topic/workhours/breaks.htm and http://www.dol.gov/dol/topic/workhours/breaks.htm.

(2) If you are a nonexempt employee you have a right to overtime for hours worked over 40 in one work week. However, there is no obligation to pay overtime for working any number of hours in one day. So if you worked 14 hours a day for two days, then 12 hours for a third day, then were off for the rest of the week, there'd be no overtime; on the otherhand, if you worked 14 hours a day for 5 days, that's 70 hours and you'd get 20 hours at overtime rates.

(3) If you are an exempt employee, you are not entitled to overtime--a company could choose to pay, but is not required. Here's a link to the main criteria for being condidred exempt (under federal law): http://www.dol.gov/whd/regs/compliance/fairpay/fact_exemption.htm

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