FAQ Series: Can my employer make me work more than 40 hours per week? More than 8 hours per day?

Employment Attorneys Serving Northern and Central New Jersey

In the first of Green Savits' answers to Frequently Asked Questions, we address whether employers can force employees to work overtime.

Employees who contact us often complain that their employer is forcing them to work long hours and ask whether mandatory overtime is legal. The answer is, generally, yes. In New Jersey, employees are considered “at-will,” which means that your employer can require you to work more than 40 hours per week or 8 hours per day and terminate you if you refuse to do so unless:

  • You have an employment contract specifying otherwise (such as a collective bargaining agreement); or
  • Your disability prevents you from working long hours and it is determined that a limitation of hours worked is a reasonable accommodation of your disability that does not impose an undue hardship on your employer.

 Although it can require you to work more than 40 hours per week or 8 hours per day, your employer is required to pay you time and a half of your regular hourly rate for all time worked over 40 hours per week if you are an employee subject to overtime laws.

If your employer is forcing you to work more than 40 hours per week or 8 hours per day despite your request for an accommodation or if your employer is failing to pay you for working overtime, please contact Green Savits, LLC using the form on this page or call (973) 695-7777 today to schedule a consultation.