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.
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Attorney Franklin Rooks is absolutely amazing.
“He helped me through the toughest time in my life. I can't thank him and his firm enough.”- Tara L.
Why Choose The Law Firm of Morgan Rooks, P.C.?
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We have experience as business owners ourselves, and know their thought process.
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We tackle cases of every size and complexity with a tailored approach.
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Communication is key! We keep you updated throughout your case.
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We focus on protecting your rights, when employers fail to do so.