Understanding Wage And Hour Violation In New Jersey
If you are an employee on an hourly wage, you may have experienced scenarios where your employer shortchanges you. This can be done through a variety of ways, including misclassifying your employment status and miscalculating the number of hours you have worked. When that happens, it is important to understand that you have legal recourse and do not need to suffer in silence. In this article, we share with you some ways in which employers get out of paying the rightful hourly wages to employees.
Misclassification of Employment Status
Misclassification can take place in two main ways: as an “exempt” employee and as an independent contractor. Employees of certain job designations are considered “exempt” from overtime pay even if they work beyond 40 hours per week. However, if your employer has given you a new job title yet your responsibilities have not been upgraded accordingly, this is a sign of misclassification.
In addition, some employers may classify an employee who is basically working full time for them as an independent contractor. Independent contractors are considered self-employed by law and are therefore not entitled to overtime pay. Whether you have been misclassified intentionally or unintentionally, the fact still remains that what has happened is a violation of your rights and you have legal recourse.
Miscalculation of Hours Worked
All time spent on activities related to your employment, whether on or off premises, are considered working hours and should be calculated into your weekly total working hours. For instance, if you were checking and responding to emails at home for two hours on the weekend, this time should be calculated into your weekly hours. You may be getting shortchanged on overtime pay if your employer does not add up your hours accurately.
Your Working Hours are Averaged
Overtime pay is applicable when an employee has worked more than 40 hours per week. However, some employers get out of paying it by averaging the number of hours worked over 2 weeks. Let’s say you have worked 30 hours in the first week and 50 hours in the next. This means that you should be receiving 10 hours’ worth of pay at the overtime rate. However, if your employer averages your working hours per week, you end up having worked 40 hours each work and are therefore not entitled to receive overtime pay.
Turn to Carcich O’Shea For Wage and Hour Violation Representation
If you are an employee working on hourly wage who has been shortchanged of your pay, you do not have to suffer in silence. The wisest course of action would be to seek out employment litigation with Carcich O’Shea, LLC. We listen because we care, and we will ensure that your rights are not violated. Our attorneys are well-versed in the latest employment laws and will see to it that you are fairly represented in the case against your employer.
Contact us today if you would like to discuss what can be done if you have been unfairly denied part of your pay as an hourly wage employee.