State and federal laws mandate that certain employees are entitled to overtime pay for working more than 40 hours in a typical week. The rate of pay should be equal to one and a half times the normal rate. For those who rely on overtime as part of their pay, not receiving it can leave a hole in their monthly finances that could eventually amount to an inability to pay the bills. Not only is this unjust, but it is also illegal. If you think you are putting in more time than you are being paid, it is time to take a look and see if you have a case for compensation of unpaid wages.

What Are Common Types of Wage Theft?

There are several ways an employer can withhold earnings illegally, such as:

  • Manipulating your timecard: If you are asked to clock out but continue working, this is typically an indicator of wage theft. For that matter, if you frequently work through lunch or continue working long after your normal hours, but the additional time is not reflected in your paycheck, this could be classified as wage theft.
  • Misclassifying your job title or scope of work: If you are labeled an independent contractor but are forced to conform to certain requirements, such as a formal schedule or other employee-enforced constraints, you may be a victim of wage theft. Additionally, if you are labeled a salaried employee but conduct the same functions in your position as other hourly employees, you may be eligible to pursue a claim regarding wage theft.
  • Terminating you for whistleblowing: If you question your employer about your paycheck and are suddenly fired, you may be the victim of retaliation for speaking out, which is illegal.

How Do I Prove Wage Theft?

If you believe you are the victim of wage theft, there are several steps you can take to help build a case against your employer, such as:

  • Gather evidence: Whether pay stubs, handwritten documentation that shows a discrepancy in what you worked vs. what you were paid, or emails from Human Resources that seem to debunk your claims, any paper trail or communication that supports your case should be collected to be examined by a lawyer or anyone else assisting with your case.
  • Report the incident or discrepancy: Talk to your immediate supervisor or the Human Resources department about the issue. If it is a matter of oversight or a simple error, the issue may be resolved quickly and without the need to escalate the situation.
  • File a complaint: The New Jersey Department of Labor and Workforce Development oversees these types of complaints. New Jersey law says you have six years to file a claim for unpaid wages.
  • Consult a lawyer: Knowing the legalities of wage theft and what applies to your situation is not always apparent. Talk with a skilled professional who can advise you on your rights as well as your employer’s rights.

What Types of Compensation Are Possible for Wage Theft?

New Jersey’s Wage Theft Act, signed into law in August 2019, not only allows more time to file a claim, but it also increases the penalties for those who are found guilty of violating the law. For example, employers may be subject to fines of up to $500 plus 20% of the amount owed to the employee for first-time offenders. Additionally, even first-time offenders could be found guilty of a criminal offense that carries fines between $500 and $1,000 as well as 10 to 90 days in jail. Most notably, a guilty charge could require an employer to pay liquidated damages equal to 200% of the overtime owed to the employee. Therefore, it is important to have accurate data as to what you are owed because it could add up quickly.

Seek Guidance From the Cherry Hill Employment Lawyers at Burnham Douglass if You Have Questions About Unpaid Wages or Overtime at Your Workplace

Not all cases amount to wage theft, but those that do require careful scrutiny to determine your losses and make sure you are paid for your hard work. Let the Cherry Hill employment lawyers at Burnham Douglass help you figure out your next move. Call today at 856-751-5505 or contact us online to schedule a free consultation. With office locations in Marlton and Northfield, New Jersey, we proudly serve clients in South Jersey, including Marlton, Evesham Township, Cherry Hill, Camden County, Burlington County, Northfield, and Atlantic City.