Legal Question in Employment Law in New Jersey

we have a new employee who took 30 minutes breaks for 8 days of the pay period but did not punch out for break. he claims he did not know he had to punch out but admits he took the break. as the employer in NJ, can we not pay him for those 8 days of 30 monute breaks? if so, how do i go about that regarding documentation? thank you

Asked on 5/06/18, 10:10 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

This is a site for employee and not employers. However, this appears to be a matter of an innocent mistake that is recognized by both employee and employer. In this case I would suggest that you give him a letter/memorandum that is acknowledged stating how and why you are making the corrections to his paycheck. Do not reprimand him but just say that as a new employee you recognized that there will always be work related questions but he should ask you or a supervisor if he is unsure of how to proceed. Also, give him a copy of your payroll and personnel policies.

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Answered on 5/07/18, 4:02 am

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