Employment Law

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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

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Customer reply replied 4 months 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: 22,415
Experience: B.A.; M.B.A.; J.D.
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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.

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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.

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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.

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Customer reply replied 4 months 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: 22,415
Experience: B.A.; M.B.A.; J.D.
Verified
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