Overtime pay is mandated under both NJ state laws and the Federal Fair Labor Standards Act (FLSA). If your job is not exempt from overtime, you should be paid time-and-a-half for any hours worked over the 40 hours per week standard. However, not all employers are forthcoming and prompt with overtime pay.
If you have logged overtime hours, but have not received your due overtime pay, there are a few options to consider in order to get the money you deserve.
Request Your Overtime Pay In Writing
Submit a written request to your employer, outlining your hours worked, calculating your regular pay plus your overtime pay. Include copies of any pay stubs to show the difference in the wages you received versus the pay you have earned. Be sure to date your written request and include dates and times on all shifts and pay stubs.
In a polite manner, explain that you have been underpaid and would like to receive your due wages by the next pay date. By submitting this first request in a polite, straight-forward manner, you avoid ruffling any feathers with your employer and make it known that you are aware of your worth and your rights. Many times, this is all it will take to make the matter known and get it resolved without any fuss.
File an Unpaid Overtime Claim to the Department of Labor
If you have double-checked to be sure you are not exempt from overtime and you have addressed the issue directly with your employer, but still have not received any owed overtime pay, you may file an official claim for your owed overtime wages.
In New Jersey, the local offices of the Department of Labor are located in Mountainside, NJ and Lawrenceville, NJ. Submit your Unpaid Overtime Claim along with all related information, including the dated written request you originally submitted to your employer as proof that you attempted to resolve this directly with no success.
The Department of Labor will work on your claim and, if they determine that it is a fair and legal request, can order your employer to pay you your back wages.
Consider Hiring an Employment Lawyer
If all attempts to receive payment have failed and you still have not received your owed wages, you should consider hiring an employment lawyer. An experienced attorney can help you determine if you should file an unpaid overtime lawsuit against your employer.
The offices of Castronovo & McKinney can help you better understand your options with regard to collecting owed overtime pay. Call their skilled team of overtime employment lawyers today for a free initial consultation of your case. 973-920-7888.