Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Oh wow. I'm sorry - I didnt see this box. It was full time.

Oh wow. I'm...

Oh wow. I'm sorry - I didnt see this box.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It was full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. I think i am eligible for backpay of overtime money, based on my job description and title.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

New jersey

Show More
Show Less
Ask Your Own Employment Law Question
Customer reply replied 1 month ago
I was hired by a large excavating company here in NJ. I was hired on as an assistant shop manager. My salary - $1200 a week, before taxes, and it was Salary. My hours that I worked were Mon - Friday 7-5 and I worked three Saturdays (alternating) from 7 -1. Although I was considered "management" - that was not what I was doing. Yes - I had 3 employees that I was "in charge of". However all direction of their daily activities came from the Shop Manager. Also - being that we had trucks that would arrive back at the shop late - on multiple occasions I would have to wait around until 7 for the last truck to arrive. It was suggested to me to look into this - because it looks like I would be do back overtime pay. I was informed by the shop manager, that during large snow storms (we had three) I "could" be called in to work through the snow storm. And no you don't get paid extra for that. However, if I were to decide to "not" answer my phone to avoid being called in - I would be reprimanded and most certainly let go. I questioned this being that I had a F250 plow truck of my own that I had planned on using for the storm. I was quickly informed "this job takes priority over anything else. If we call you in during a storm, you are required to come in". So I clarified the question more: "so what you are saying is that I am on call, even if it falls on my off day, and I have to come in for a storm /" ANSWER: YES. "Well, then am I paid extra to have to stay home and be within a certain response time?" ANSWER: NO. the additional information I was provided with that "NO" answer was: Even the plow drivers, who are paid hourly do not get paid to be on call either. During the storm, the drivers only get paid their regular hourly rate - even though the company was hired by the state to clear state and county roads". Technically the drivers should have been paid "prevailing wage" because they were called out by, and working for the state and county government.
Unfortunately - me being "required" to be ready and available during these storms resulted in me missing three significant snow storms as well as making approximately $2000 - 3000 dollars. To make matters worse, I was never called in during the storm either - and never received any compensation for waiting around.My job title was "Assistant Shop Manager". Anything needing to be resolved was required to be handled by the Shop Manager. I did not have "managerial authority" to make decisions in the best interest of the company - I was required to run everything past the shop manager, and sometimes had to clear through the operations supervisor. Basically I was not authorized to make too many decisions at all. Some of the duties I performed were: Parts runner - when our parts runner was out for the day, I would be sent to pick up parts. I inventoried and put away inbound parts, filters, etc. I've been required to power wash equipment when asked. Assist in painting trucks, moving heavy parts, moving truck tires, and other forms of manual labor.
I was told that by the duties that I was required to do, and lack of managerial authority - that I should have been paid an hourly rate, and eligible for overtime - instead of being paid salary.
Answered in 1 day by:
3/10/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 21,323
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Employment Law Question

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

If you receive a phone call offer, kindly disregard the offer. The offer is being made to you automatically by the site and not by me. Also, I do not participate in the phone call program.

Ask Your Own Employment Law Question

Based on the information, that you have provided here, you are entitled to overtime pay because you do not fall under the definition of an exempt employee. See U.S. Department of Labor, Wage and Hour Division Fact Sheet #17A.

You need to file wage claim with New Jersey Department of Labor. Click here to start.

Goodluck with your case,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
Thank you for your help and clearing up alot of confusion for me. It is very much appreciated.

You are quite Welcome!

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 21,323
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 21,323
21,323 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I have an employment law question. At will, salaried. Can a
Can a non compete, non disclosure contract for employment be voided if the person was on psychiatric medication for 2 months before signing it?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,149 satisfied customers
I have filed a complaint with the labor commission for
I have filed a complaint with the labor commission for discrimination, harassment and sexual harassment. I am having a panic attack because I am supposed to go to work tomorrow. I can't do it. I need … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
119 satisfied customers
I'm not sure if this job description meets the salary
I'm not sure if this job description meets the salary exemption. The candidate makes $2200 a week. • Provide staff augmentation to the Facilities Division performing work for the Argonne National Labo… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
21,323 satisfied customers
I have a question about employment law in regards to a
I have a question about employment law in regards ***** ***** employer who has not paid me final commmisions … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Have a question related to employment law. All of the
Have a question related to employment law JA: Was this discussed with a manager or HR? Or with a lawyer? Customer: All of the above... JA: Is the workplace "at will" or union? Is the job hourly or sal… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
It's a labor question employment law. I'm seeking a lawyer.
well I was denied unemployment - the employer said I was insubordinate. I am trying to create an appeal and I was hoping the attorney would look at what I wrote.… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
Moved to a new city for a job one year ago. Job description
Moved to a new city for a job one year ago. Job description did not match what I was doing. Description did not include that production would be the sole metric by which I would be measured. Salary cu… read more
Damien Bosco
Damien Bosco
4,162 satisfied customers
If we are interviewing an applicant for a field laborer
If we are interviewing an applicant for a field laborer position, are we allowed to ask them if they have ever experienced a previous work injury, and if so, inquire about the circumstances surroundin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Could you tell me what the wage and labor laws regarding an
Hi, could you tell me what the wage and labor laws regarding an individual possession two W2 positions? the 2 companies have zero conflicts with the other in terms of competition. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Looking for a labor law attorney in Delaware. At will. We
Our Company runs group homes for the Intellectually and developmental disabled in DE … read more
Edward Young
Edward Young
Juris Doctor
339 satisfied customers
Employment law Constructive dismissal as retaliation for
Employment law Constructive dismissal as retaliation for sexual harassment and FMLA limitations… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,864 satisfied customers
The labor commmisioner had awarded me $90,047.00 but my
The labor commmisioner had awarded me $90,047.00 but my employer is threatening to file bankruptcy if I don't accept $30000 offer. Should I settle for $30000? … read more
socrateaser
socrateaser
1,031 satisfied customers
A new job description was written a few months ago very
A new job description was written a few months ago very similar to my job. Needless to say the new position was been offered to another external candidate. I was informed last week that my position wa… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
The US dept of Labor did an investivation of my past
The US dept of Labor did an investivation of my past employer, they found out the employer owes me a lot of back pay and said they had till the 10th to pay out. They did not pay out, now I would like … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
This is about employment law. No, that is not necessary or
full time and our contract does include a non compete clause … read more
Damien Bosco
Damien Bosco
4,162 satisfied customers
Can an employer change your job description or duties
can an employer change your job description or duties without your knowledge and then force you to follow the new job duties? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Am wondering without a written job description, can a
Am wondering without a written job description, can a Manager threaten to take you off the job you have been doing for years for being ill and not being able to do the requested other job?? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Requited to perfom dutirs outside my job description- approx
Requited to perfom dutirs outside my job description- approx 53% of my work year. Was paid 1.25 OY rate- another mgr wad paid 1.5OT. Have been required tp petform duties no other mgr - prevoius mgrs -… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x