Paramus Wage and Hour Lawyers

Wage and hour laws regulate employees’ pay and working conditions. These laws cover various workplace aspects, including minimum wage, overtime pay, record-keeping, and protection against retaliation.

For instance, New Jersey law requires employers to pay a minimum wage of at least $15.13 per hour as of January 1, 2024. Other states may have different minimum wage rates based on the cost of living in their regions.

The Fair Labor Standards Act (FLSA) and New Jersey’s State Wage and Hour Law mandate that eligible employees receive overtime pay one and a half times their regular rate for any hours worked beyond 40 in a week. These laws also regulate deductions from wages, proper record-keeping, and penalties for employers who retaliate against workers for reporting violations.

If you believe your employer is underpaying you, denying you mandatory breaks, or violating other workplace regulations, review your pay stubs, hours worked, and employer policies. At Carcich O’Shea, employers have forced workers to work over 40 hours a week without paying them overtime. You may have a valid wage and hour claim if this happens to you.

If you suspect your employer is violating wage and hour laws, gather important documents such as pay stubs, timecards, emails, and text messages related to your pay and hours. Store these records on a secure server outside your workplace network to ensure they remain safe. These documents can be crucial if you decide to pursue a claim.

You should also consult with your HR department about your concerns. If HR fails to resolve the issue or you are not confident in their response, you can escalate your complaint by contacting the New Jersey Department of Labor & Workforce Development. A wage and hour lawyer can assist you through this process to ensure your claim is filed correctly and supported.

Wage and hour claims can cover various issues, such as unpaid overtime, wage misclassification, and underpayment. Many employers misclassify workers as exempt from overtime pay, especially in retail, healthcare, and construction industries. This misclassification can result in employees being denied overtime wages they are legally entitled to.

Employees can also file claims for receiving less than the state or federal minimum wage. Employers often try to offset the shortfall with deductions for uniforms or tools, which is common in industries such as food service. Workers can file a claim to recover the lost wages.

Workers are also entitled to claim wages for hours worked if their employer fails to pay them due to administrative errors, intentional non-payment, or payroll discrepancies. If an employer withholds a final paycheck after termination, the employee can pursue legal action to recover those wages and any applicable penalties.

Wage theft occurs when employers unlawfully deduct wages without an employee’s consent, often for equipment or uniform costs. This constitutes a violation of wage and hour laws. If a group of employees is affected by wage theft, they may be able to file a class action lawsuit against the employer. Unfortunately, some workers may face retaliation for reporting these violations, which is also illegal.

If you decide to file a wage and hour claim, having a knowledgeable attorney by your side is essential. Your lawyer will gather evidence, file a complaint with the appropriate labor department, and, if necessary, prepare your case for litigation. You may be asked to provide additional documentation or testify about your employment and pay history.