Have You Not Been Paid Fairly?
The law is clear on how an employee is paid. Nevertheless, intentionally or unintentionally, these laws are sometimes violated by . In some cases, employees may not even be aware that they are being denied compensation to which they are entitled under the Fair Labor Standards Act or the New Jersey Wage Payment Law. The difference been what is paid by the employer and what is owed to the employee may add up to a substantial amount of lost pay. With the help of an experienced attorney from the Law Firm of Morgan Rooks PC, employees in Philadelphia and New Jersey can recover unpaid wages. The amount of time available to file a claim, known as the statute of limitations, is very short. Therefore, if you believe you have not been paid according to the law, contact us quickly.
Break, Lunch And Off-the-Clock Wage Violations
One common type of wage violation involves employers simply not paying employees for all of the work that they do. If an employee is forced to work through breaks or lunch, the employee must be paid for that time. Furthermore, employees cannot be forced to do off-the-clock preparatory work before their shifts start or cleanup work after their shifts end without pay. This unpaid work can add up quickly. We make certain it is added up correctly and employees are compensated for all the work they do.
When unpaid breaks, lunches and other off-the-clock work are added up, it often pushes the employee into overtime, which we will take into consideration when seeking compensation and penalties against the employer. Certain employees who work more than 40 hours a week are entitled to overtime compensation. Misclassifying an employee as being “exempt” or “salaried” instead of being “non-exempt” or “hourly” will deprive an employee of overtime compensation. Exempt employees are not entitled to overtime compensation. Non-exempt employees are entitled to overtime compensation. The Fair Labor Standards Act and its state law equivalents designate which employees can be legally classified as being exempt from overtime compensation. However, employers will often classify employees as being exempt to avoid paying overtime, even if the employee’s job responsibilities do not satisfy the requirements for being classified as an “exempt” employee. This is one way that employers take advantage of employees. Even undocumented workers are entitled to the protection of the wage and hour laws. The misclassification of an employee as an “independent contractor” may also result in an employee being denied overtime compensation. Individuals who are truly independent contractors are not entitled to overtime compensation.
If an employer pays a non-exempt employee in cash at the regular hourly rate (“straight time” instead of time and a half), for the hours worked above 40 in a week, the employee is being cheated out of overtime compensation. Employees must act quickly in these overtime cases to recover their compensation, because there is a time limit as to how far back a violation can be pursued.
Discuss Your Case With A New Jersey Unpaid Overtime Claim Lawyer
When groups of employees are not paid overtime, we will meet with them individually to determine if a class action or collective action may be the best approach.