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 near you are committed to advocating for workers’ rights throughout New Jersey and Pennsylvania. Our overtime and wage dispute attorneys in New Jersey take on each case with passion, empathy, and a deep understanding of employee rights law.
If you believe that your employer owes you for unpaid wages or unpaid overtime, 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 also pursue unpaid overtime claims on a class-wide basis.
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 or unequally, 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
Off-the Clock Work: Are You Being Paid for All The Hours You 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 off-the clock work that is compensable:
- Automatic deductions for meal breaks when no breaks are taken
- Preparing and readying work equipment before clocking in
- Cleaning up equipment, refueling vehicles after being required to clock-out
- Driving time from an office to a job site
- Checking and responding to emails from home
- Being required to wait for work to be available before clocking in
- Being required to “suit up” or donning protective gear before being on the clock
- On-call time without compensation
- Attending mandatory unpaid training sessions for work
In the above situations as well as many others, an employer is legally responsible for paying employees for work done in furtherance of the employer’s interest (i.e., for the benefit of the employer). If you believe you haven’t been compensated for all of the time you’ve worked, an employment attorney specializing in wage disputes can help you formulate a plan to recover your unpaid wages.
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.
Overtime and Employee Misclassification: Exempt vs. Non-Exempt
Employers sometimes misclassify employees as being exempt from overtime compensation or label them as “salaried” as a way to reduce labor costs and avoid compliance with overtime payment laws. This enables the employer to save money at the expense of employees’ rights. Our misclassification lawyers represent employees in New Jersey and Pennsylvania who should be paid by the hour.
“Exempt” employees are paid a salary. “Non-exempt” employees are paid hourly. Exempt employees are not entitled to overtime. Non-exempt employees must be paid overtime if they work more than 40 hours in a week. Job titles are not determinative of whether an employee should be exempt or nonexempt. The law provides that employees who work in an administrative, executive, or professional capacity are exempt employees, provided they meet a “duties” test to see if they truly perform exempt work.
Additionally, employees who are computer software professionals, commissioned salespersons, or outside sales employees, might not be eligible for overtime depending on whether they perform exempt work.
If you believe you have been misclassified as an “exempt” or salaried employee, our employment lawyers can provide you with a free consultation to see if you’re owed damages.
Misclassification Issues: Independent Contractor or Employee?
Many times, individuals who should be classified as an employee are instead hired as an independent contractor. Independent contractors are not entitled to overtime. There are strict rules for properly classifying a worker 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.
Employers are required to provide workers’ compensation coverage for employees as well as paying payroll taxes on the employees’ behalf. This is not so with an independent contractor. By mislabeling (or, misclassifying) an employee as an “independent contractor,” the employer stands to save significant amounts of money, since employers do not have to pay federal or state taxes on behalf of an independent contractor. Earning paid to employees are reported on an IRS W-2 form. Payments made to independent contractors are reported on an IRS 1099 form. In addition, the employer is not required to provide workers’ compensation insurance for independent contractors.
In cases of potential work misclassification, a NJ overtime attorney will be able to determine your correct classification and whether you are owed overtime pay.
-
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.?
-
We have experience as business owners ourselves, and know their thought process.
-
We tackle cases of every size and complexity with a tailored approach.
-
Communication is key! We keep you updated throughout your case.
-
We focus on protecting your rights, when employers fail to do so.