NJ: Mandatory staff meeting: pay rate

[shihtzumom]

What is the NJ law about mandatory meetings? If you must attend a mandatory staff meeting for 2 hours, can your employer decide to only pay you for 1 hr?

[LaborLawNJ]

You have not posted nearly enough facts.

First of all, are you exempt or non-exempt.

When are these meetings? During normal business hours or after hours?

Have you asked why your are only getting paid for one hour?

More details please.

Regards.

[shihtzumom]

I don't understand the question of exempt or non-exempt.

The meetings are after hours, usually on a Saturday.

Why only getting paid for one hour? .... That's all they agreed to pay for, even though it is a 2 hr meeting. They just don't want to pay for more than 1 hour. That's how it was stated by immediate supervisor. He asked that we be paid for 2 hrs, but management wouldn't do it. Management would only authorize payment for 1 hour, even though meeting was to be 2 hrs long.

[Pattymd]

Well, let's start this way. Are you paid a salary or are you paid an hourly wage?

[LaborLawNJ]

Reading her other post, it appears that the poster is an independent contractor, or at least she is in the eyes of the employer.

In that case, whether you get paid or not depends on the agreement with the "employer". What does your agreement say?

There are so many factors that have to be considered when determining independent contractor vs, employee, that no one here can give you a definitive answer.

Further, even if we knew all of the facts of your situation and thought we had an answer the bottom line is that responsible government agency (ie IRS, DOL, etc) has the final says as to who is or isn't an independent contractor.

After reading both of your posts it is apparent that you have a real issue with being classified as an independent contractor. Perhaps you should file a complaint with one of the applicable government agencies as that is the only sure way to get an answer to your questions.

Regards.

[shihtzumom]

Ok. So I should file a complaint with the NJ Department of Labor or the IRS? Could you direct me to where I would find these places to file the complaint?

And thank you so much for your responses.

[LaborLawNJ]

If you are really interested in pursing the matter, file with both.

Each has its own test for IC vs EE, while the tests are similar they do have different factors.

Also, by filing with the NJDOL, if they determine you are an ee you may be entitled to pay for the after hour meetings.

Good Luck!