New Jersey Wage & Hour Attorneys
Overtime Violation Lawyers in Marlton & Northfield
Your work may be a source of pride and enjoyment, but it is also brings the income you rely on to provide for yourself and your family, maintain your lifestyle, and give you the security you need to thrive. When your income is threatened by a wage and hour dispute, it creates stress and undue hardship. However, federal and state laws have been created to prevent employers from taking unfair advantage of their workers.
Types of Wage Violations by Employers
Unfortunately, many employers try to intentionally cheat their workers out of wages and overtime pay using a variety of methods.
- Paying workers less than New Jersey’s minimum wage of $12 an hour (as of Jan 1, 2021)
- Misclassifying workers as independent contractors rather than employees
- Failing to pay overtime
- Demanding that employees work off-the-clock
- Withholding earned pay
- Illegally deducting wages from paychecks
- Failing to pay earned bonuses or commissions
If you have unpaid wages from your employer or if your employer has failed to compensate you for the time you worked, file a wage claim with the help of our experienced attorneys at Burnham Douglass Attorneys at Law.
What Wages & Benefits Am I Entitled to in New Jersey?
In New Jersey, the Division of Wage and Hour Compliance enforces state labor laws for minimum wage, earned sick leave, methods of wage payment, and more. By law, you are entitled to the following:
- Minimum wage and overtime wage rate: Workers covered by the Fair Labor Standards Act are entitled to a minimum wage rate and an overtime rate. For overtime, workers are entitled to be paid time-and-a-half per hour for the actual hours worked over 40 hours, with some exceptions. Workers exempt from overtime pay include executives, administrative workers, professionals, those who work on a farm or care for livestock, and employees of a common carrier of passengers by motorbus.
- Paid sick leave: Since October 29, 2018, New Jersey workers have been entitled to accrue one hour of paid, earned sick leave for every 30 hours worked, up to 40 hours each year. Employers can legally implement policies that offer additional leave time.
- Unpaid or withheld wages: New Jersey law mandates the manner, time, and mode of payment, and forbids the withholding of wages for illegal deductions. For example, an illegal deduction might be cash register shortages, breakage, or spillage.
- Fringe benefits: If your employer has agreed to provide a separate benefit packages, the New Jersey Wage Payment Law and Selected Labor Laws will enforce those benefits. This might include vacation time and personal days, holidays, and reimbursement of expenses.
Employers are bound by certain rules when it comes to paying employees. Some of those that may be relevant to you, include the following:
- Payment method: Your employer can legally pay your wages in cash, by check, direct deposit, or by payroll debit card.
- Pay frequency: Hourly employees must be paid at least every two weeks or more often, depending on employment contract terms.
- Tipped employees equalization: Earnings for tipped employees, such as bartenders and waiters, must equal at least the minimum wage per hour. Although your hourly rate is up to your employer, you must earn at least the minimum wage with tips. If your tips and hourly wage do not equal minimum wage when totaled together, your employer is responsible for making up the difference.
How to File a New Jersey Wage Violation Claim
You can file a wage complaint with the New Jersey Department of Labor (NJ DOL) for violations that occurred within the last 6 years. The complaint will then be investigated by the Department and a decision will be issued.
When submitting your claim, you must include documentation such as copies of your timecards, time sheets, payroll records, employment records, and other evidence to support your claim.
Hiring an attorney can help to make sure that your claim includes sufficient documentation and that it is filed correctly.
Penalties for Failing to Follow Payday Laws
If you are not being paid fairly or in accordance with New Jersey law, your employer will face penalties. Violations may result in payment of back wages, along with civil or criminal action when warranted.
Our accomplished overtime violation attorneys in Marlton & Northfield at Burnham Douglass Attorneys at Law have many years of experience protecting the rights of clients in all areas of employment law. We know that your dispute can have a powerful impact on your day-to-day life, and we will be there for you to answer your questions and provide responsive personal service.
To learn more, please contact us online or call us at 856-751-5505. We would be happy to meet with you for a free and confidential consultation at one of our offices. We proudly serve clients throughout South Jersey, including those in Camden County, Burlington County, Atlantic County.