Docking Overtime Pay

Question to Ask the Workplace Doctors about docked pay:

In New Jersey, is it illegal for an employer to deduct an hour of overtime pay on a daily basis?

Signed, Docked

Dear Docked:

It would be wise for you to contact New Jersey’s Department of Labor. In my opinion, docking an hour of overtime pay if not illegal is certainly a cause for you to investigate. Have you spoken with your boss, Human Resources Department or personnel officer? The Federal Department of Labor has much to say about regulations pertaining to overtime. For example: Question: When is overtime due? Answer: For covered, nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay at a rate of not less than one and one-half times an employee’s regular rate of pay after 40 hours of work in a workweek.

Some exceptions to the 40 hours per week standard apply under special circumstances to police officers and firefighters employed by public agencies and to employees of hospitals and nursing homes. Some states also have enacted overtime laws. Where an employee is subject to both the state and federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher rate of pay). See–http://www.dol.gov/dolfaq/go-dol-faq.asp?faqid=320&faqsub=Work+Hours&faqtop=Wages+%26+Work+Hours&topicid=1&lookfor=overtime Type in Docking Pay and you will get additional information. New Jersey also has a site. http://lwd.dol.state.nj.us/labor/lpa/LMI_index.html I think you can find enough information to answer your question. Working together with hands, head, and heart takes and makes big WEGOS. I hope you can work out what is fair and not fair in your place of employment.

William Gorden