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ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
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As a salaried full time employee being made to work 7 days

Customer Question

as a salaried full time employee being made to work 7 days a week as many as 77 hr weeks no ot pay do I have legal recourse
Submitted: 1 year ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer.
I'm sorry to hear about your situation.
First of all, you need to understand that New Jersey is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.
Assuming that you're properly categorized as a salaried "exempt" employee, then I'm sorry to say that you would not have any recourse. "Exempt" means exempt from the provisions of the "Fair Labor Standards Act" (FLSA), which provides for overtime and minimum wage protections for hourly, non-exempt employees. Whether or not you're exempt, your employer can tell you how many hours you have to work, and there's no restriction on how many hours or if you even have any days off. There's no law that requires your employer to give you a day off or keep the number of hours that you have to work to a certain amount. The only restrictions is that for non-exempt employees, the employer has to pay overtime. For exempt employees, the employer is under no such obligation, and I'm sorry to say that the only recourse that you could have (if your employer would be unwilling to work with you on this matter and you were not okay with the status quo) would be to resign.
I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!

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