Break

[monika_patel]

Is there any law in NJ that employees have to take or allowed to take two 15 minutes break? Can employer discontinue to give two 15 minutes break?

[Sue]

There are no laws mandating breaks in New Jersey -- it is up to the employer.

http://www.dol.gov/esa/programs/whd/state/rest.htm

[therock]

i have a small company in new jersey. An employee of mine quit to go to another job and now a few months later he is calling me claiming i owe him overtime. we didnt realize at the time we had to pay time and a half over 40 hours....we just paid straight time. He is claiming he wants us to go back 10 years and give him his additional half time on all the weeks he worked over 40 hours. I did a little research and found out the statute of limitations for his claim is 2 years from the date he officially makes his claim formal. Is this in fact true and could i just go back from todays date back two years and calculate the overtime and cut him a check and be relived of any other requests?

[Sue]

Hi.
Visit the Dept. of Labor site on the FLSA and overtime laws:
http://www.dol.gov/dol/topic/wages/overtimepay.htm

Does you company and its employees fall in the category governed by the FSLA?

If not, you may not have been required to pay the overtime pay; you will need to decide if you are within the guidlelines.

And then, specifically on back pay that is owed, visit this site for details:

http://www.dol.gov/dol/topic/wages/backpay.htm

You may want a quick consultation with an employment lawyer first before you cut any checks.

Best wishes.