Attorneys Robert W. Smith and Christopher J. Eibeler

Unpaid Overtime Claims

Unpaid Overtime Claims

Does your employer require you to work in excess of 40 hours a week and not compensate you at a rate of 1½ times your hourly wage rate? Have you complained to your employer that you are entitled to overtime pay and have been retaliated or terminated for making the complaint? The New Jersey employment lawyers at Smith Eibeler can advice you whether you are eligible for overtime pay and assist in your recovering any overtime pay that may be due to your from your employer.

Any time worked by an eligible New Jersey employee over 40 hours in a given workweek is considered overtime and a New Jersey employer must compensate the eligible employee at a rate of 1½ times the employee’s regular hourly wage for the time worked. New Jersey Wage and Hour Law defines regular hourly wage as the amount regularly paid to the employee for each hour of work which. An employee’s regular hourly wage is calculated by dividing the total hours of work during the week into the employee’s total earnings for the week exclusive of overtime premium pay.

Many New Jersey employees believe that they are not entitled to overtime because their on “salary”. This is not always the case. All New Jersey employees are entitled to receive overtime pay unless they work in an exempted job position. Exempted job positions that do not have a right to overtime pay include bone fide executives, administrative employees, professional employees, outside sales persons, farm laborers, hotel employees, employees of common carrier of passengers by motor bus, limousine drivers and employees who raise and care for livestock.

If you have a question regarding your Wage and Hour Law and overtime pay rights, call the New Jersey employment lawyers at Smith Eibeler to schedule a consultation.

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Client Reviews
★★★★★
We had a wrongful termination issue combined with a denial of unemployment insurance. Chris Eibeler was our primary attorney. His partner Bob Smith also consulted and gave us good advice. They were both so kind, caring, and professional. They guided us though a very tough time and a positive outcome versus a prior employer. They were also able to reverse our denial of unemployment insurance. I cannot recommend Smith and Eibeler highly enough. The entire staff is very professional, personable, and caring. Tom Wilson
★★★★★
I went to Smith Eibeler LLC for a last minute unemployment matter. Chris, Diane and his staff were very professional and easy to talk to. They provided knowledgeable insight and also kept me in the loop with the what was happening. I would not hesitate to go to him again. John Jung
★★★★★
Chris Eibeler (and the whole team) is very knowledgeable in all aspects of employment/unemployment here in NJ. They break down the most difficult aspects of the law, which allows you to conceptualize and better understand the complexities of the NJ Labor & Employment system. Smith Eibeler should be your first call regarding any Employment, workforce, or Labor questions here in New Jersey. I highly recommend them. Brian Allen
★★★★★
I approached Chris Eibeler regarding an unemployment case in early 2016. Him and his staff are some of the most professional people I have ever dealt with. The process took a while, but his approach to hard questioning helped me win my case. He knows how to get the job done and I am glad I went to him. I would recommend him to anyone in the future who asks for a lawyer. Thank you Chris! Tim F.
★★★★★
I highly recommend the office of Smith Eibeler for employment related issues, particularly anything related to restrictive covenants or post-employment contracts. I found Smith Eibeler via the web and cannot believe how fortunate I am to have found them. My case was handled by Bob Smith who represented me in a potential lawsuit by my former employer for violation of a post-employment contract (not a restrictive covenant per se). Bob was professional, friendly, understanding, and above all extremely helpful. Bob helped me avoid a lawsuit and was extremely knowledgeable in this field. I was thoroughly impressed with his prowess. Hopefully I will never have a legal issue related to employment again, but if I do, I will not hesitate to retain Smith Eibeler again! Gavin Tully