WAGE AND HOUR

Although employers generally have the right to set employees’ hours and salaries, they must do so within the confines of the law. In other words, they must provide employees with a minimum rate of pay for each hour worked and must pay certain employees overtime wages. Many employers fail to abide by their duties, however, and pay employees less than they actually earned or less than what is required by law. If you believe that your employer unjustly refused to pay the wages you are owed, contact a lawyer as soon as possible regarding your rights. 

State and Federal Wage Laws

The Fair Labor Standards Act (FLSA) and New Jersey minimum wage laws protect the rights of employees to receive fair wages. Specifically, employers must pay their employees at least the minimum wage per hour mandated under the state statute, which must meet or exceed the federal minimum wage. The minimum wage laws do not apply to all employees, such as certain salespeople. Additionally, tipped employees, such as servers or bartenders, may receive a lower minimum wage so long as their wages and tips meet the minimum wage for non-tipped employees. While New Jersey has adjusted its minimum wages periodically, the federal minimum wage has not changed for a number of years.

Similarly, the FLSA and the New Jersey Wage and Hour Law (NJWHL) provide employees with overtime rights, by requiring employers to pay employees at least one and half times their regular hourly rate for any hours worked in excess of 40 hours per week unless the employee is exempt. Examples of exempt employees include those working in an administrative, professional, or executive capacity, as those exemptions are specifically defined under the law. You should not assume that you are exempt from overtime simply from your own understanding of those terms. Moreover, even salaried employees may be entitled to overtime pay. A wage and hour lawyer in New Jersey can explain the minimum wage and overtime obligations that are applicable to your position.

Sometimes Employers will subtract a break even though you are working the same time or force you to log out so you do not go over 40 hours. 

Recovering Damages for Wage Violations

There are numerous ways in which an employer may violate an employee’s right to fair wages. For example, an employer may misclassify an employee as an independent contractor or exempt employee in an attempt to skirt the obligation to provide the employee with overtime wages. Additionally, in some instances, an employer may ask an employee to clock out at the end of the employee’s regular working hours but only to continue working without pay. Some employers may also falsify or alter timecards to avoid paying overtime wages.

If an employer fails to pay non-exempt employees overtime for hours worked in excess of 40 hours per week, the employees can pursue a claim for compensation from the employee. Specifically, the NJWHL provides a cause of action for an employee to seek damages owed for unpaid overtime wages. A New Jersey wage and hour lawyer can represent you in such a claim, with costs and attorneys’ fees potentially recoverable. When employees present evidence that they are entitled to unpaid wages, the burden then shifts to the employer to demonstrate that the employees were either exempt or otherwise not entitled to overtime compensation.

In addition to the NJWHL, the New Jersey Wage Payment Law (NJWPL) broadly allows employees to seek any wages he or she is owed, including unpaid salary, overtime, commission, bonus payments, and minimum wages. The NJWPL also allows employees to recover significant penalties against a non-paying employer. In some instances, employees will be able to pursue wage violation claims under the FLSA as well.