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Day Pitney Labor and Employment Attorneys Quoted on Exempt and Non-Exempt Classification in NJ Business Magazine

Publisher: New Jersey Business
January 31, 2013

Partner Patrick McCarthy and attorney James Boyan are quoted on the fundamentals of determining overtime pay in the January 2013 edition of New Jersey Business magazine. Patrick describes how overtime has evolved since the original federal legislation regarding it was enacted in the 1930s. He says that the advent of creative jobs and the decreased reliance on timekeeping along with "the onset of electronic devices and the ability if not the desirability of having people work remotely has turned these laws kind of on their heads." Today the distinction between exempt and non-exempt workers requires careful consideration of a number of factors. James says that wage-and-hour audits are a good way to make sure that jobs match their descriptions; the article notes that this should be the ultimate factor in deciding who qualifies for overtime.

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