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.

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