When you perform work for your employer, you expect to be paid for it. This expectation is supported by law. Additionally, as an hourly wage employee, you have a legal entitlement to receive a rate higher than your normal one for overtime work. Unfortunately, despite the legal protections in place, many employers violate these laws far too often, taking unfair advantage of your hard work. The New Jersey Unpaid Wage and Overtime Lawyers at Castronovo & McKinney, Employment Attorneys are dedicated to stamping out this illegal and unfair behavior.
About Unpaid Wage and Overtime
Employee work hours and wages are governed by state and federal law. On the federal level, the Fair Labor Standards Act sets a minimum wage and identifies 40 hours as the standard work week. It also addresses overtime and the laws governing this area. Non-exempt employees are provided protections under this Act. As an employee in this category, you are entitled to compensation for each hour that you work. If you are a non-exempt employee, your employer is required to pay you 1.5 times your standard hourly pay when you work more than 40 hours in a single week.
At the state level the The Department of Labor and Workforce Development provides rules and exceptions to minimum and unpaid wages. If you’re a New Jersey employee and your employer has not paid you properly or believe they are in violation of New Jersey Law, you can file a file a wage claim. Speaking to an attorney first can help provide an overview of your options and help expedite the process.
Unpaid Wage Claims
You may be entitled to a legal claim if your employer has failed to compensate you for:
- Minimum wage
- Break time
- Work after hours
- Unused vacation time (if required by law)
- Overtime pay
- Travel time related to work
Often these claims are not easily resolved. Employees receiving tips or commissions often complicate claims. Travel time can also create uncertainty as not all travel time needs to be compensated for. Our lawyers have experience with wage and overtime claims and will work closely with you to understand if the law has been violated and work to provide you the necessary compensation.
Additional Compensation For New Jersey Employees
New Jersey employees with overtime or wage claims can also receive compensation called “liquidated damages.” Liquidated damages can help provide compensation for the time taken to receive your lost wages. You can be eligible to receive 100% of your lost wages as liquidated damages. So if you had been owed $2000 as lost wages you will be awarded an additional $2000. If you win your case against your employer you may also be eligible to receive compensation for attorney fees and other legal costs.
Minimum Wage and Overtime in New Jersey
As of the first of the year for 2018, the minimum hourly wage in New Jersey will be $8.60. The Division of Wage and Hour Compliance is the governing body in New Jersey with respect to the minimum wage and overtime pay. State laws assure non-exempt employees of a paycheck for hours worked at least two times each month, with some exceptions for specific job classifications. Your employer may set the date of pay, but must adhere to this date, or a subsequent business day, each payday. In compliance with the FLSA, employers in NJ must pay non-exempt employees time and a half for overtime hours.
How Castronovo & McKinney Can Help
The Employment Lawyers of Castronovo & McKinney aggressively represent employees in unpaid wage and overtime disputes through litigation and enforcement proceedings. We specialize in employment law, and this dedication shows in our effective legal representation of employees throughout the state. We offer you personalized and respectful counsel, while fighting for you to obtain the rights you are legally entitled to.
Our employment attorneys will identify if an employer has violated any state of federal laws. We can also provide a clear understanding of how to pursue compensation. We’ll provide an assessment of your potential claim and the best course of action.
Contact the recognized firm of Castronovo & McKinney for your unpaid wage and overtime disputes. Call our Morristown, NJ office at 973-920-7888 to get the pay you deserve. Our New Jersey employment attorneys can help you.