Understanding Your Wage and Overtime Rights in Bergen County, New Jersey

If you work in New Jersey, your employer must follow both federal and state wage and hour laws. These laws regulate how employees are paid, when overtime is due, and whether breaks are required. When employers fail to comply—by withholding wages, denying overtime, or misclassifying workers—they may face legal consequences. If your rights have been violated, you may be entitled to compensation. A wage and hour attorney can assess your situation and help determine whether you have a valid claim.

What Is the Fair Labor Standards Act (FLSA)?

The Fair Labor Standards Act is the primary federal law that governs how employers must pay their workers. Under the FLSA, covered employees are entitled to:

• A minimum wage (currently $7.25/hour federally).
• Overtime pay at 1.5 times their regular rate for hours worked over 40 in a week.
• Protection from retaliation for asserting their rights.
• Proper classification as employees rather than independent contractors.
• Payment for short breaks (typically 5–20 minutes).
• Compensation for all time worked, including time spent working off the clock.

The FLSA applies to most private and public sector employees, but some categories of workers are exempt.

What Are New Jersey Wage and Hour Laws?

New Jersey’s wage and hour laws offer broader protections than federal law in several areas. For example, the state minimum wage is significantly higher than the federal rate. As of January 1, 2025, most New Jersey workers must earn at least $15.13 per hour, with annual increases tied to inflation.

New Jersey also prohibits unauthorized paycheck deductions and allows workers to file complaints with the New Jersey Department of Labor and Workforce Development. The state may impose fines and penalties on employers who violate these laws. In addition to filing an agency complaint, workers also have the right to pursue private lawsuits under state law.

What Can You Do If Your Wage and Hour Rights Are Violated?

If your employer has failed to pay you properly or denied you overtime, you can take action. You may file a complaint with either the U.S. Department of Labor or the New Jersey Department of Labor. These agencies can investigate and, if violations are found, force your employer to pay back wages and face penalties.

You may also file a lawsuit to recover wages and damages. If other employees were similarly affected, you may be able to pursue or join a class action. In some cases, you could be awarded additional compensation if the employer willfully violated the law.

Who Has Rights Under the FLSA?

FLSA protections apply to non-exempt employees. Exempt employees typically include salaried white-collar workers earning at least $684 per week who meet certain duties tests (executive, administrative, or professional roles). The FLSA does not apply to:

• Independent contractors
• Certain farmworkers
• Volunteers
• Some transportation workers
• Certain seasonal or recreational employees
• Live-in domestic workers (in some cases)

If you’re unsure of your classification, a wage and hour attorney can help review your status.

You Have the Right to Seek Compensation if Your Employer Broke the Law

If your employer violated state or federal wage laws, you have the right to be made whole. This may include back pay, interest, and additional damages. Under New Jersey law, you may be entitled to treble damages—three times the amount owed—if your employer knowingly failed to pay you properly. A wage and hour lawyer can calculate what you are owed and help you pursue a legal claim.

Contact the Bergen County Employment Lawyers at Carcich O’Shea

If you believe your wage and hour rights have been violated, contact the Bergen County employment lawyers at Carcich O’Shea. Our experienced attorneys can review your case during a consultation. Call us today at 201-988-1308 or contact us online to learn more. Our Hackensack office serves clients throughout Bergen County, Edison Township, Middlesex County, Essex County, Morris County, and Passaic County.