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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18814
Experience:  Employment/Labor Law Litigation
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I worked in A restaurant here in NJ for 8 years now. They

Customer Question

I worked in A restaurant here in NJ for
8 years now. They are paying me 13.00/hr and a 40 hrs vacation leave with pay. I worked 56 hrs in a week and used my 40 hrs vacation on second week. When I got my paycheck, they didn't pay me 16 hrs overtime. Am I entitled to get the time and half?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 10 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Yes, you are. Overtime is determined by week, not by pay period. So, while it is true that if you work 40 hours in a week and also take 10 hours of vacation that week, it doesn't have to be paid as overtime (because only 40 was worked), that doesn't apply here.

If you worked 56 hours during a single work week, then 16 of those hours would have to be paid as overtime regardless of what you did the next week with vacation use.

If the employer doesn't pay it, file a wage complaint with your state's department of labor.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 10 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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