What Are the Top Five Employment Law Mistakes Small Businesses in Bergen County Make?

Many small businesses in Bergen County work hard to create a positive workplace. However, some employers, often unintentionally, violate employment laws in ways that harm their employees. These mistakes can lead to lost wages, unfair treatment, or unsafe working conditions. For employees, understanding these common issues is the first step toward recognizing when something may be wrong and taking action to protect your rights.

Misclassifying Employees and Withholding Overtime Pay Within Small Businesses

A common mistake employers make is misclassifying workers. This can happen when a worker is incorrectly labeled as an independent contractor instead of an employee, or when an employee is treated as exempt from overtime pay without meeting the legal requirements. Misclassification can deprive workers of important benefits such as overtime pay, health coverage, and unemployment insurance.

Employers are also required to follow minimum wage laws and pay overtime for eligible employees who work more than the standard 40-hour workweek. If you have been asked to work “off the clock,” denied overtime pay, or told you are ineligible for benefits because of your classification, your employer may be violating wage and hour laws. Keeping detailed records of your hours worked can be crucial if you need to challenge improper pay practices.

Failing to Provide Clear Policies or Enforce Them Fairly

Not all small businesses provide employees with a handbook or written workplace policies. Without clear guidelines, employees may be left uncertain about procedures for requesting leave, reporting harassment, or understanding performance expectations. Even when policies exist, some employers fail to apply them consistently, creating an environment where rules are enforced differently for different employees.

When policies are vague or inconsistently enforced, it can open the door to discrimination or favoritism. Employees who experience unequal treatment compared to others in similar roles should document incidents and communications. A lack of written policies—or failure to follow them—can become an important factor if a dispute escalates to legal action.

When Small Businesses Ignore Complaints or Retaliate Against Employees

Another major misstep occurs when employers fail to address workplace concerns promptly, or worse, retaliate against employees for speaking up. This can involve ignoring harassment complaints, dismissing safety concerns, or taking disciplinary action against someone who reports unlawful conduct.

Retaliation is prohibited under employment laws. If you have been demoted, had your hours reduced, or experienced other negative treatment after raising a complaint, your rights may have been violated. Employees should report concerns in writing whenever possible and keep copies for their records. Promptly addressing workplace issues protects not only individual employees but also the overall health of the work environment.

Bergen County Employment Lawyers at Carcich O’Shea Fight to Protect Your Workplace Rights

If you believe your employer has misclassified your position, failed to follow workplace policies, or retaliated against you for speaking up, we can help. Speak with the Bergen County employment lawyers at Carcich O’Shea today. To schedule an initial consultation, call 201-988-1308 or contact us online. Located in Hackensack, New Jersey, we proudly serve clients in the surrounding areas.