New Jersey wage and hour Attorney: Overtime Violations & Wage Disputes

Struggling with Unpaid Wages in NJ or PA? We Can Help!

If you have been unfairly denied or cheated out of pay that your employer owes you, you are entitled to take action to recover it. Employers have a legal responsibility to pay their workers at least the minimum wage and to pay for all hours worked — including overtime when it is due. When they fail to do this, even accidentally, they should be held accountable so that employees receive the money they have earned.

At The Law Firm of Morgan Rooks, P.C., our wage and hour lawyers
are committed to defending workers’ rights in any industry throughout New Jersey and Pennsylvania. Our overtime lawyer in New Jersey takes on each matter with passion, empathy, and a deep understanding of employee rights law.

If you have a pay dispute and believe that your employer owes you missing wages, don’t hesitate to reach out to The Law Firm of Morgan Rooks, P.C.. We will help determine whether your employer has violated the law and discuss your options for financial recovery.

We understand that illegal wage practices can leave you feeling helpless and financially burdened. Our wage and hour lawyer in New Jersey works tirelessly to identify all possible violations and potential avenues for recovery, giving you a comprehensive understanding of your legal position. Through clear communication and steadfast support, we aim to restore your peace of mind and help secure the rightful compensation you deserve.

If you have been paid unfairly, connect with an experienced wage and hour attorney in New Jersey. Contact The Law Firm of Morgan Rooks, P.C. or call (856) 746-6332 for a free consultation.

Common Wage & Overtime Violations in NJ: Know Your Rights

Employee Misclassification: Exempt vs. Non-Exempt

Some workers, such as salaried employees who make a certain amount of money per week, are not eligible to receive overtime pay. Unfortunately, many hourly employees who should receive overtime are often misclassified as “salaried” or “exempt” from overtime wages. This incorrect classification may very well be made by accident. Still, regardless of the employer’s intent, this mistake can result in a serious amount of lost wages for an employee who has worked overtime.

It is essential to recognize that misclassification can affect numerous aspects of employment, including eligibility for benefits, workplace protections, and pension plans. By ensuring that all employees are properly classified, employers fulfill their legal obligations and maintain a fair working environment. Employees need to stay informed about their classification and consult with a wages lawyer in New Jersey if there are uncertainties.

Misclassification Issues: Independent Contractor or Employee?

Many times, individuals who should be compensated as an employee are hired as an independent contractor. When an hourly worker is misclassified as an independent contractor, this worker stands to lose the time-and-a-half pay that is owed for overtime work. Labeling an employee as an “independent contractor” saves the employer money, since employers do not pay federal or state taxes for independent contractors. In addition, independent contractors are not covered under the employer’s workers’ compensation insurance. In cases of potential work misclassification, an overtime attorney in New Jersey will be able to determine your correct classification and whether you are owed overtime pay.

Misclassification can result in a loss of important social safety nets for workers, including health insurance benefits, retirement savings plans, and protection under labor laws such as workers' compensation and unemployment insurance. This creates an unfair disadvantage for workers who miss out on protections and compensation owed to them as employees. Ensuring proper classification not only aligns with legal requirements but fosters transparency and trust in employment relationships.

Overtime Miscalculations: Don't Lose Out on Earned Pay

In addition to misclassification of work, there are other ways that employers can fail to count overtime that is legally due. One example of this is the instance discussed above, when a manager refuses to pay overtime because they did not specifically ask the employee to work overtime.

Accurate recording of work hours is crucial in calculating rightful overtime. Employers must ensure that their timekeeping systems are precise and all hours worked are compensated accordingly. Employees should regularly review their pay stubs and time records for discrepancies, raising any concerns with their employer promptly. Having a transparent time tracking and reporting system can substantially reduce these errors and ensure compliance with wage laws.

Employers are also obligated to consider all work-related actions, even those beyond typical hours, when calculating overtime. This encompasses mandatory company events, travel during work hours, and additional duties taken on outside of regular shifts. Employees must be vigilant and aware of these practices to ensure their work is justly compensated.

Employer Responsibilities: Are You Being Paid for All Your Work?

Oftentimes, an employer will fail to pay for all of the time worked by an employee. This can result from a simple misunderstanding on the employer’s part or can be an intentional and unethical bid to conserve company money. In either scenario, it is important for workers to understand when their actions qualify for pay.

Given the broad scope of what constitutes compensable work time, employers must meticulously review and ensure proper documentation of employee work hours, including pre-shift and post-shift activities. Neglecting these responsibilities can lead to significant legal repercussions and damage to an employer's reputation. It is in an employer's best interest to create straightforward and fair payment policies that align with federal and state wage laws.

Workers should receive comprehensive training on what activities are considered payable, thus reducing instances of misunderstanding and disputes over overtime pay. Employers should promote an environment where employees feel comfortable discussing and addressing any wage concerns they might have, fostering a culture of fairness and integrity.

Here are some examples of compensable time that are often overlooked to the detriment of workers:

• Missed lunch breaks
• Short (less than 20-minute) breaks
• Driving time from an office to a job site
• Checking and responding to emails from home
• Preparing work equipment
• Doing other preparatory work for a job
• Cleaning up after a job
• On-call time
• Attending training sessions for a job

In the above cases as well as many others, an employer is legally responsible for paying workers for their time. If you believe you haven’t been rightfully compensated for all of the time you’ve worked, a wage and hour attorney in New Jersey
 can help you formulate a plan to earn back this pay.

Minimum Wage Violations: Ensuring Fair Compensation

When an employer fails to pay workers at or above the state and federal minimum wage, this employer can be held legally responsible for the wages they owe. The federal minimum wage is currently $7.25/hour, while New Jersey’s minimum wage will increase from $11.00/hour to $12.00/hour as of January 1, 2021. Therefore, if a New Jersey worker earns less than $12.00/hour from their employer starting January 1, 2021, that worker is entitled to compensation to make up the difference between their actual pay and the legal minimum wage.

Minimum wage laws not only set a wage floor but also act as a pivotal means of ensuring economic security for employees. It is important for both employers and workers to understand that minimum wage is influenced by various factors, such as employment status and industry. Employers need to update their payroll practices in line with state mandates to avoid penalties.

Elimination of unequal pay practices especially for tipped employees is vital. Employers should maintain transparent records of all tips and wages to ensure compliance and fairness. In many cases, leveraging modern payroll software and methodologies can assist in maintaining compliance while streamlining payroll processes.

Minimum wage violations can occur subtly in cases involving tipped workers. When employees earn tips, their hourly wage plus average tips (by the hour) must add up to at least the minimum wage. If this total amount equals less than the minimum wage, then the employer has violated minimum wage law. This can happen for various reasons, including if the tip pool has been split amongst managers or other employees who don’t work for tips. In such instances, a wages attorney in New Jersey will work to determine whether improper tip-splitting has occurred and how it has affected tipped workers’ wages.

Local Resources for Wage & Hour Disputes

Navigating wage and hour disputes can be challenging, but access to local resources can significantly aid in the process. The New Jersey Department of Labor and Workforce Development offers valuable information and support to employees facing wage issues. They provide guidance on filing complaints, understanding rights, and what steps to take if your employer is non-compliant. It’s essential for workers in New Jersey to stay informed about local wage laws and utilize state resources efficiently.

Additionally, local worker advocacy groups play a crucial role in offering educational workshops and legal clinics. Organizations such as Legal Services of New Jersey provide free or low-cost legal advice to those who qualify. Connecting with these groups can empower employees to take actionable steps toward resolving disputes. By leveraging these resources, workers can feel more equipped to handle their specific situations while knowing they have community support behind them.

Staying Informed: Updates on New Jersey's Wage & Hour Laws

It’s important for both employers and employees to stay informed about ongoing changes in New Jersey’s wage and hour laws. Changes in legislation can directly impact pay structures, overtime eligibility, and reporting requirements. The state regularly updates minimum wage standards, and failure to comply can lead to significant fines and legal consequences. Staying current with these updates ensures that workers receive fair compensation and that employers maintain compliance.

Attending regular briefings and updates from the New Jersey Chamber of Commerce can help employers and employees alike understand the implications of new wage laws. For instance, implications of the annual increases in minimum wage under the state’s path to a $15 minimum wage can affect employment costs and hiring practices. By keeping abreast of such pertinent changes, workers can better understand their rights, and businesses can operate within the legal frameworks, thus preventing disputes and fostering a fair workplace environment.

Why Trust Morgan Rooks, P.C. with Your Wage & Hour Dispute?

The Law Firm of Morgan Rooks, P.C. is committed to advocating for workers across the State of New Jersey and the greater Philadelphia region. Each of our NJ wage dispute attorneys has extensive experience handling workers’ rights claims, and we have represented employees in a wide variety of industries. Whether we are fighting workplace discrimination or pursuing compensation for unpaid overtime work, we dedicate our attention, energy, and passion for employees’ rights to every case on our docket.

Your New Jersey wage dispute attorney will approach your case with the knowledge, confidence, and sensitivity that is necessary in wage and hour dispute matters. We will aggressively pursue the compensation you deserve and work to maintain the comfort of your workplace and employer/employee relationships.

Even if you are unsure of whether you need a lawyer to recover wages, we can assess your situation and lay out your options for getting the pay you earned.

Morgan Rooks, P.C. stands out by offering a supportive environment where clients can feel assured that their concerns are met with genuine understanding and action. We believe in maintaining transparent communication to assist clients at every stage. By keeping clients informed and engaged, we form partnerships that facilitate their journey through legal complexities. Our proactive strategies seek to confront challenges well before they present real issues.

Frequently Asked Questions

What Is Wage Theft, and How Can I Recognize It?

Wage theft occurs when an employer fails to pay their employee the full wages they are entitled to under labor laws. This can take many forms, including not paying for overtime, paying less than the minimum wage, requiring off-the-clock work, taking illegal deductions from paychecks, or misclassifying employees to avoid paying benefits or overtime. Recognizing wage theft involves monitoring your wage statements and pay stubs and understanding your rights. If you notice discrepancies in hours worked versus pay received, or if you’re consistently asked to perform unpaid work, it may indicate wage theft.

How Does New Jersey's Overtime Law Differ From Federal Laws?

Under both New Jersey and federal laws, non-exempt employees must be compensated at an overtime rate of one and a half times their regular pay rate for all hours worked beyond 40 in a workweek. However, New Jersey law can sometimes provide stronger protections by offering broader definitions of what constitutes compensable time. This includes certain travel and preparation tasks in overtime calculations. Employers in New Jersey must pay careful attention to these differences to ensure compliance and prevent legal liabilities.

Can I File a Complaint Anonymously If I Face Wage Violations?

In New Jersey, employees can file wage complaints anonymously, which can be beneficial in protecting your employment status while addressing grievances. To do so, you can contact the New Jersey Department of Labor anonymously through their hotline or online complaint system. However, while anonymity can shield your identity during preliminary stages, certain aspects of the case may eventually require personal details. It is advisable to consult with a wage and hour lawyer in New Jersey to understand how to protect yourself throughout the process effectively.

What Are the Penalties for Employers Who Violate Wage Laws in New Jersey?

New Jersey imposes strict penalties on employers found guilty of wage violations. These can include fines, back pay to the affected employee, and additional damages that could be twice the amount of unpaid wages. Employers may also face civil or even criminal charges depending on the severity and nature of the violations. To mitigate such penalties, employers are advised to keep accurate records and comply with both state and federal wage and hour laws, which helps protect both the business and its employees.

Why Should I Hire a New Jersey Wage & Hour Attorney?

Hiring a wage & hour attorney in New Jersey ensures that you have professional support in navigating the complexities of employment law. An attorney can help accurately evaluate your situation, gather necessary documentation, and represent your interests in negotiations or court proceedings. They are skilled in dealing with disputes efficiently and effectively, thus maximizing your potential for recovering unpaid wages or resolving overtime disputes. Legal representation can provide peace of mind, knowing that your rights are being advocated for with dedication and integrity.

How should i Sue For Unpaid Wages?

If you believe you’re owed unpaid wages in New Jersey or Pennsylvania, start by gathering evidence such as pay stubs, timesheets, and communication with your employer. Both states have specific laws regarding wage disputes. In NJ, you can file a complaint with the Department of Labor and Workforce Development. For PA, you may submit a claim to the Bureau of Labor Law Compliance. Each state has strict deadlines, so act promptly. If your claim isn’t resolved, you may file a lawsuit in court. Consulting with a wages attorney in New Jersey can strengthen your case, as they can guide you through complex legal requirements and increase your chances of recovering wages, penalties, and damages.

Gaining a comprehensive understanding of the procedural aspects of wage dispute claims is critical. Detailed documentation of employment terms and witnessing employer actions can significantly bolster your case. Employees should be familiar with their state's specific laws on wage recovery, including any applicable filing fees and timelines. In complex instances, legal assistance can offer a vital support system, simplifying what can be stressful proceedings.

Acting swiftly and following the appropriate legal protocols are imperative to preserve the right to recover unpaid wages. A wages lawyer will provide clarity on possible certifications or documents that may be required, ensuring compliance with all necessary conditions for a successful claim. This can involve mediating between the employee and the employer to arrive at an acceptable settlement and recover rightful compensation.

Need Help with Wage & Overtime Issues? Contact Our NJ & PA Wage Dispute Attorney

When employers intentionally underpay their workers, they are unlikely to easily answer for what they’ve done. Even when they accidentally underpay, it can be difficult to make them see how they have made a mistake. A skilled wage and hour lawyer in New Jersey can help resolve pay disputes and overtime violations when other options fail.

A wages lawyer has the legal know-how to clarify your work situation and identify any compensation you may be owed. Furthermore, when it comes time to request this compensation, an attorney will serve as an important middle-person between you and your employer. This will help protect you from the pressure that you may otherwise feel in attempts to negotiate wages and overtime pay directly with your supervisor.

Consultation with our New Jersey wage and hour attorney can provide invaluable insights into whether there is a viable claim and what steps should be taken next. We evaluate each client's scenario comprehensively, identifying key factors and potential solutions tailored specifically to their circumstances. Throughout the process, our unwavering commitment is to ensure that you have access to the knowledge and resources needed to seek fair treatment and rightful pay. Let us guide you towards effective resolution of your wage and hour concerns.

If you believe your employer has unfairly denied you wages that you earned, contact The Law Firm of Morgan Rooks, P.C.. Because the legal time limit that exists to file such a claim — also known as the statute of limitations — is relatively short, it is important to act quickly.

If your employer has unfairly denied you wages that you earned, reach out today. Call us at (856) 746-6332 or fill out our online contact form to speak with a dedicated wage and hour lawyer in New Jersey.