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wage & hour laws Archives

The basic rights you need to know as a worker in New Jersey

It's always important to understand your rights in every situation. When it comes to employment in New Jersey, there are a number of laws that protect both employers and employees. Many of them are fairly standard, like minimum wage and child labor protection, but every state has its own quirks, and New Jersey is no exception. Here is a general breakdown of wage and hour labor laws for the state, including a few abnormal practices and benefits laws that are helpful to understand.

Misclassification of employees robbing them of overtime pay

 Working overtime can be incredibly lucrative for many employees in Pennsylvania. Due to both state and federal wage & hours laws that dictate the payment of overtime, it is a protected right for workers. However, at the Law Firm of Jacobson & Rooks, LLC, our staff often hears from clients that their employers failed to pay them their due by misclassifying their work.

Can my employer deny breaks?

While it may seem like a draconian practice, your employer is legally allowed to deny your ability to take breaks in almost every workplace and circumstance. According to the Pennsylvania Department of Labor & Industry, you are only guaranteed a rest period during the workday if you work on a farm, or if you are under the age of 18. However, many laws prohibit employers from taking advantage of you when breaks are in question.

Is my business breaking child labor laws

If you are not careful in the management of your teenager employees, your business may be inadvertently breaking Pennsylvania's child labor laws. These laws essentially place limitations on your company's ability to employ minors as a protection for their health and safety.

Federal and state laws provide overtime wage protection

The Pennsylvania Department of Labor and Industry defines overtime as any amount of time worked over 40 hours per week. Workers who put in the extra hours are legally entitle to overtime pay at one and a half times their regular hourly wage for each and every hour worked. However, both federal and state laws prohibit many salaried employees and those in certain occupations from receiving overtime because of the structure of their work agreement. This includes administrative, executive and professional employees.

Do nurses qualify for overtime pay?

In Montgomery, Pennsylvania, the health care industry is one of the leading employers, according to data provided by the Center for Workforce Information and Analysis. If you are a nurse who works within the health care system in the area, the U.S. Department of Labor’s Wage and Hour Division outlines the laws that govern how your employer must compensate you for your work time.

Could you be the victim of wage theft?

Each day residents of the Philadelphia area get up and go to their jobs. While some do so by choice, others must work so that they can pay for things needed in day-to-day life. In either situation, it is important that they are paid all that they are owed. Unfortunately, according to a report recently issued by Temple University’s Sheller Center for Social Justice, Pennsylvania workers are being shortchanged by their employers.

Woman claims overtime pay did not include commissions

There are numerous laws at both the state as well as federal level that protect employees from mistreatment at work. Some of those laws have to do with paying employees appropriately for overtime worked. When an employer does not compensate workers appropriately, it is possible that the worker could take legal action against his or her employer. A Pennsylvania woman recently took that course of action. Last month she filed a lawsuit against DAJ Wireless company and another individual with ties to the business. 

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