What to do if we have been working overtime to give production support beyond the normal working hours and on holiday?

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What to do if we have been working overtime to give production support beyond the normal working hours and on holiday?

But we do not get paid or compensated for the same. Recently the company has come up with a policy to pay us for these extra working hours. But we have neither been paid for the days after the policy came into effect nor for the previous days of more than one year before the policy came. So can we claim for the compensation for the extra working hours for the days before and after the policy came into existence. Is there any particular law to help us on this?

Asked on November 8, 2012 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the Fair Labor Standards Act (FLSA), all non-exempt employees--that is, all employees who are not specifically exempt from overtime, which includes essentially all employees paid on an hourly basis--must paid overtime whenever they work more than 40 hours in a week. All that matter is the total number of hours; in most states, including New Jersey, there is no need to pay overtime for holidays, weekends, after regular shifts, etc.--overtime is required when the total hours in a week exceeds 40.

If you have not been paid overtime to which you are legally entitled, either before or after the policy announcement, you likely have a legal complaint or cause of action. You could contact your state's Department of Labor and/or speak with an employment law attorney about possibly suing.


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