so last week was the heat wave and we were running no-cool calls from 6am til like 10 at night. i'm a helper at a small residential shop in clifton, i ride with the lead tech. i counted 58 hours. my check came back 58 hours at my regular rate, no overtime. when i asked the office she said the owner 'doesn't do overtime for helpers, it evens out in the winter.' is that a thing? is that even legal? i don't want to get fired over this but thats 18 hours of time and a half i didn't get
Mechanical contractor (HVAC + plumbing) · 24 years · Burlington County, NJ
Mentor✓ Accepted answer
Here's how it works at my shop, and at every shop I'd put my name on: hourly helpers get time and a half after 40, period. Our payroll company wouldn't let us do it any other way.
The state labor department is the place to check, like he said. Before you go there, ask the owner directly and calmly, in person, with your hours written down. Sometimes it's an office mistake. Sometimes it isn't, and then you know what kind of shop it is.
Foreman, Inside Wireman (IBEW) · 19 years · Morris County, NJ
Mentor
On our side the contract spells out overtime, so it isn't a conversation. Whatever shop you're in, your stub should show how your hours were paid. And 58 hours in attics in that heat: water, breaks, and come down if you feel off. Stay safe.
HVAC contractor, owner · 25 years · Middlesex County, NJ
Mentor
Related, since it always comes up: what if the shop calls you salaried?
- Calling someone salaried doesn't automatically mean no overtime
- There are rules about which jobs can be exempt, and a helper on a truck usually isn't what people mean by that, as far as I understand it
Same answer: the Department of Labor, not me.
HVAC contractor, owner · 25 years · Middlesex County, NJ
Mentor
Agree with both. Keep your own record from now on:
- Start and end times every day, written down that day
- Which calls, which truck
- Screenshots of any texts about hours
If it ever turns into a dispute, notes you made at the time carry weight.
Electrical inspector (former contractor) · 26 years · Ocean County, NJ
Mentor
Not legal advice, just how I'd look at it: as far as I know, most hourly employees in NJ are owed time and a half over 40 hours in a workweek, and "it evens out in the winter" isn't how that works. Code is my area, not wage law, so check the NJ Department of Labor's wage and hour pages or call them before you take my word for it.
update: asked the owner in person with my hours on paper like haddad_mech said. he said the office 'set it up wrong' and it'll be on the next check. not sure i believe the wrong part but ill take it