BPHR’s Director Lisa Salcido, SPHR, SHRM-SCP provides answers to your pressing HR questions.
Question: Can we require employees to work overtime and do we need to pay extra for holiday, night or weekend work?
Answer: The busy season, end of year crunch and the holidays are here! Yes, you can require an employee to work overtime but you must compensate them appropriately. In New Jersey, non-exempt employees must be paid overtime for all time worked in excess of 40 hours in the workweek.
There is an exception for health care workers. New Jersey has special regulations involving mandatory overtime for health care workers.
There is no Federal law requiring private sector companies to pay employees extra for working on a holiday, at night, or Saturday or Sunday. Also, there are no laws requiring employers to give paid time off for holidays.
There are some exceptions in Massachusetts, Rhode Island, for government workers and those covered under a collective bargaining agreement.
Regardless of when the time was worked, non-exempt employees are entitled to overtime pay for every hour worked over 40. So if working that holiday, weekend or night shift caused a non-exempt employee to work over 40 hours in that workweek, then overtime pay is required.
Overtime must be paid at one and a half times the worker’s regular rate of pay for each hour worked in excess of 40 hours in the workweek.
Although not required, as an incentive to work on holidays many employers do offer time and a half. If your office is closed on a holiday, non-exempt employees that do not perform any work do not need to be paid.
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DISCLAIMER: The material presented on this page is for informational purposes only and does not constitute legal advice or legal opinion.