employment law wage and hour claims against employers

Hillsdale Wage and Hour Lawyers

Understanding your rights as an employee is critical, especially when it comes to wage and hour laws. These laws are designed to ensure that workers receive fair pay and are treated equitably in the workplace. If you believe your employer has violated your rights, you may have legal options to pursue compensation or other remedies. At Carcich O’Shea, we are dedicated to helping employees in Hillsdale and throughout New Jersey protect their rights and navigate complex wage and hour disputes.

Common Wage and Hour Violations

Wage and hour laws cover a wide range of issues, from overtime pay to proper classification of employees. Unfortunately, violations can and do occur, leaving employees shortchanged or unfairly treated.

Unpaid Overtime: Employers are required to pay non-exempt employees overtime pay at one and one-half times their regular rate for any hours worked over 40 in a workweek. Failing to do so is a direct violation of federal and state laws.
Misclassification of Employees: Employers sometimes misclassify employees as independent contractors or exempt workers to avoid paying overtime or providing benefits. This misclassification can result in significant financial losses for the affected workers.
Failure to Pay Minimum Wage: Employers are legally obligated to pay at least the minimum wage set by the state or federal government, whichever is higher. Failure to comply with this requirement is a common violation.
Unauthorized Deductions: Employers may not deduct wages from your paycheck for reasons not permitted by law. These deductions can include costs for uniforms, shortages, or other unauthorized expenses.

If you suspect that any of these issues apply to you, it is important to take immediate action to understand your rights and explore your legal options.

The Importance of Proper Employee Classification

Employee classification is one of the most significant factors in wage and hour law. Employers must determine whether a worker is an employee or an independent contractor, as well as whether they are exempt or non-exempt under the Fair Labor Standards Act (FLSA) and New Jersey law. Misclassifications often happen because employers want to avoid certain obligations, such as paying overtime or providing benefits.

Independent Contractors vs. Employees: Independent contractors are not entitled to overtime pay, minimum wage protections, or benefits under wage and hour laws. However, if you are treated as an employee in practice—such as having your work schedule controlled or being required to perform duties like a regular employee—you may be misclassified.
Exempt vs. Non-Exempt Employees: Exempt employees are not entitled to overtime pay, while non-exempt employees are. The classification depends on the type of work performed, the employee’s salary level, and other factors. Misclassification in this area can lead to unpaid overtime and other issues.

Proper classification is essential to ensure employees receive the wages and benefits they deserve. If you believe you have been misclassified, consulting with an experienced legal professional can help you understand your rights.

What to Do if You Suspect Wage and Hour Violations

If you suspect your employer has violated wage and hour laws, taking timely and well-informed action is essential to protect your rights. Wage disputes can escalate if left unaddressed, so knowing how to approach the situation can make a significant difference.

Document Your Work History and Pay

The first step is to gather evidence. Keep a detailed record of your hours worked, including overtime and breaks, if applicable. Save your pay stubs, timesheets, and any communications from your employer about pay rates, hours, or deductions. If possible, note any discrepancies between your records and the pay you have received. This documentation will serve as critical evidence if you pursue a claim.

Understand Your Employment Status

Review your employment agreement, if one exists, along with any relevant policies outlined in your employee handbook. Pay special attention to your classification as exempt or non-exempt and whether you are categorized as an independent contractor or an employee. Misclassification is a common issue and can result in unpaid wages or overtime. If your job duties or work environment differ from what is described in your agreement, this may indicate a violation.

Speak to Your Employer

In some cases, wage and hour violations occur unintentionally. Consider addressing your concerns with your employer or human resources department. Present your evidence calmly and professionally, and give them an opportunity to resolve the issue. If they fail to act or retaliate against you, additional legal steps may be necessary.

Consult a Lawyer

If the issue is not resolved, seek legal advice immediately. A lawyer can help you assess your situation, determine whether your employer has violated the law, and advise you on the best course of action. They can also represent you in filing a claim with a government agency, such as the New Jersey Department of Labor or the U.S. Department of Labor, or in pursuing litigation to recover unpaid wages.

How a Lawyer Can Help with Wage and Hour Disputes

Navigating wage and hour disputes can be challenging, especially when dealing with large companies or complex employment laws. A lawyer with experience in wage and hour cases can provide valuable guidance and representation to help you achieve a fair resolution.

Identifying Violations: A lawyer can analyze your work situation, pay records, and employment terms to determine whether any violations have occurred.
Filing a Claim: If a violation is identified, your lawyer can file a claim with the appropriate state or federal agency or pursue a lawsuit on your behalf.
Negotiating Settlements: In many cases, disputes can be resolved through negotiation, avoiding the need for a lengthy court process. A lawyer will work to secure the best possible settlement for you.
Representing You in Court: If your case goes to court, a lawyer will advocate for your rights and ensure that you have a strong legal argument.

Having a legal advocate on your side can make all the difference in achieving a fair outcome in your case.

Your Rights as an Employee in New Jersey

New Jersey employees benefit from robust wage and hour protections under both state and federal law. The New Jersey Wage Payment Law and the New Jersey Wage and Hour Law provide additional safeguards beyond the federal FLSA. These laws require employers to:

Pay employees all wages owed on time
Provide overtime pay to eligible employees
Comply with record-keeping requirements for hours worked and wages paid

If your employer has failed to meet these obligations, you have the right to seek legal remedies. Understanding your rights is the first step in holding employers accountable.