Hackensack Wage and Hour Violations Claims
Wage and hour lawsuits are filed when employers violate federal laws about paying their employees. In these lawsuits, an employer can be financially liable for back pay. Wage and hour lawsuits are filed as class action claims because these violations affect many employees at one time. If you believe you have been underpaid by your employer because of a violation of wage and hour laws, you should seek an employment law attorney who may file a lawsuit on your behalf.
Federal Wage and Hour Laws
The Fair Labor Standards Act (FLSA) governs how employers are to pay their employees. The law provides you with a private right of action, meaning you can sue your employer for damages when they have violated the law. Several federal laws are often cited as the basis for wage and hour lawsuits, including:
- Employers must pay their employees a minimum of $7.25 per hour as a wage.
- Non-exempt employees must be paid time and a half overtime when working more than 40 hours in a workweek.
- Employers must properly classify employees to pay overtime.
Companies may pay you enough on the surface, but their actual practices could violate the law. For example, your employer can break the law when they require you to work time off the clock. There have also been many FLSA cases that have involved employees who have been denied breaks to which they are entitled under the law.
Recently, there have been legal issues about how an employer classifies workers. Some aggressively classify workers as independent contractors to make them exempt from the provisions of the FLSA. If you believe you have been misclassified and are owed overtime, you may file a lawsuit against the employer.
New Jersey State Wage and Hour Laws
You may also file wage and hour lawsuits under state law. Some states and localities have far higher minimum wage requirements than federal law (whose minimum wage has not budged from $7.25 in many years). For example, New Jersey’s minimum wage is over $15 per hour.
New Jersey has much tougher laws in other areas. For example, if an employer is found to have committed wage theft, they can be liable for up to two times the amount of the wages that were taken.
What Damages Are Available in a Wage and Hour Violations Lawsuit?
The main thing you are trying to obtain is the money your employer owes you. They could be liable to pay you either unpaid overtime or minimum wage. Then, the FLSA provides that your employer may also need to pay you liquidated damages equal to the back wages they owe you. This provision is similar to punitive damages, and your employer can only avoid liquidated damages if they can prove that they acted in good faith. They legitimately believed that they did not owe you the money.
The FLSA also allows you to recover attorney’s fees and court costs from your employer. New Jersey law may allow you to recover even more in liquidated damages. You may receive up to 200 percent of the amount you recover from your employer in back wages.
What Should I Do if I Believe My Employer Broke the Law?
The first thing you should do if you suspect your employer has broken the law is contact an experienced Hackensack wage and hour violation lawyer. Your lawyer will review the facts of your case and help determine whether you have a potential lawsuit.
Your attorney may help you file a complaint with the Department of Labor’s Wage and Hour Division or a similar agency in the State of New Jersey. The government would investigate your claim, and they may file a lawsuit on your behalf. If the government does not file a lawsuit for you, opening a court case on your own is possible.
Your lawyer may then try to certify a class for a larger lawsuit of similarly situated employees. Class certification is often the key to a successful lawsuit. Your employer will do everything in their power to defeat class certification because they know it could end your lawsuit.
You may be forced into arbitration based on provisions in your employment agreement. Your employer can include language that mandates individual arbitration, keeping you from filing a class action lawsuit. An attorney can still arbitrate on your behalf, even if you cannot file a class action lawsuit.
Does My Employer Need to Pay Me Extra for Working at Night?
No. The requirements of the FLSA only apply to the number of hours you need to work in a given week, as opposed to when those hours are worked.
Do I Need to Be Paid Out for My Unused Vacation Time?
No. You do not have a legal right to be paid out for this time when you leave your job unless it is specified in an agreement between you and your employer.
What Is an Exempt Employee?
An exempt employee is paid a set amount regardless of the hours they work. Their employer can require them to work as many hours as they want without the need to pay overtime.
Does the FLSA Apply to Child Labor?
The FLSA states that the minimum age of employment for children is 14 years old and limits the number of hours that children may work.
The Hackensack Wage and Hour Violation Lawyers at Carcich O’Shea Will Fight for Your Rights if You Have Not Been Paid
The Hackensack wage and hour violation lawyers at Carcich O’Shea can fight for you when your employer has violated state or federal law by not paying you what you deserve. You can take legal action to get the money that you are owed. You can schedule an initial consultation by calling us today at 201-988-1308 or contacting us online. Located in Hackensack, New Jersey, we serve clients in Bergen County, Edison County, Essex County, Morris County, and Passaic County.