Overtime Violation Attorneys in New Jersey
Facing a Wage Dispute in NJ or PA? Call (856) 746-6332!
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.
The Law Firm of Morgan Rooks, P.C. is committed to defending workers’ rights in any industry throughout New Jersey and Pennsylvania. Our overtime and wage dispute attorneys take on each case 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 talk through the options you may have for financial recovery.
Why Choose The Law Firm of Morgan Rooks, P.C. to Handle My Wage Dispute or Overtime Violation Case?
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 cases. 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.
Types of Wage Disputes and Overtime Violations in New Jersey
There are many confusing areas of wage/employment law that can be exploited or misunderstood, causing a worker to miss out on earned pay. The following are some of the most common situations where an employee may not receive their wages:
Misclassification of Exempt Status
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.
Misclassification as an Independent Contractor
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, a NJ ovetime attorney will be able to determine your correct classification and whether you are owed overtime pay.
Uncounted or Miscounted Overtime
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.
Workers can also lose overtime pay when their hours are illegally averaged over a 2-week pay period. According to the law, overtime should be counted each week. Still, some employers will calculate pay by averaging the hours worked over 2 weeks. For example, if an hourly employee works 60 hours one week and 20 hours the next, this person may be paid as if he or she worked two 40-hour weeks. However, this employee would in fact be owed 20 hours of overtime pay for hours worked in the first week of the pay period.
Employer’s Failure to Pay for All Working Time
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.
Generally speaking, whenever an hourly worker does something at the behest or for the benefit of the employer, that is working time that should be compensated. This is true whether or not the work was done at the usual job site.
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, an employment attorney specializing in wage disputes can help you formulate a plan to earn back this pay.
Minimum Wage Violations
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 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 wage lawyer will work to determine whether improper tip-splitting has occurred and how it has affected tipped workers’ wages.
Do I Need an Attorney to Resolve Wage Disputes and Overtime Violations in NJ & PA?
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 NJ wage dispute lawyer can help resolve pay disputes and overtime violations when other options fail.
This is where a lawyer comes in. Our experienced overtime and wage dispute attorneys in New Jersey have 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.
Contact The Law Firm of Morgan Rooks, P.C.
Our New Jersey overtime attorney's skill and experience have earned the trust of our clients, whose reviews stand as a testament to our high-quality work on behalf of employees across New Jersey and the greater Philadelphia region, including those in Gloucester, Camden, Burlington, Cumberland, Salem, Mercer, Ocean, Atlantic, Philadelphia, and Delaware counties. Our lawyers are ready to put our skills and resources to work for your wage dispute case.
If you believe your employer has unfairly denied you wages that you earned, contact The Law Firm of Morgan Rooks, P.C. today. 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.
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.”
Highly recommend this law firm.
“Frank helped me out after wrongfully losing my job when I was going through complications with my pregnancy.”
5 gold stars!
“Hire this law firm. You will be glad you did!”
Reliable, trustworthy & competent attorney.
“The deposition he took from the other party was very thorough and well prepared; this has helped me to get what is right.”
I highly recommend this law firm!
“Frank made my pregnancy much less stressful after wrongfully losing my job.”
No Upfront Payments Required!
We do not bill by the hour. We are contingency based, meaning that we only collect a percentage of the awarded compensations from the case if it is wonGet Started Today
Helping Employees Fight Sexual Misconduct at Work
If you experienced unwanted conduct of a sexual nature by a coworker, supervisor, or someone else at work, we can help.Learn More