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Wage and Hour Lawyer

Westwood Wage and Hour Lawyers

Employees have the right to fair pay and appropriate working conditions under both New Jersey and federal labor laws. Unfortunately, many workers are denied the wages they are owed due to employer misconduct, including unpaid overtime, minimum wage violations, and illegal paycheck deductions. If you believe your employer has failed to pay you properly, you may have legal recourse.

At Carcich O’Shea, our Westwood wage and hour lawyers are committed to protecting workers’ rights and holding employers accountable. We provide skilled legal representation to employees facing wage theft, misclassification, and other labor law violations. If you suspect your employer is not following New Jersey wage and hour laws, we are here to help.

What Are Wage and Hour Violations?

A wage and hour violation occurs when an employer fails to comply with laws that regulate wages, overtime pay, and work conditions. These violations can take many forms, including:

  • Failure to pay minimum wage.
  • Unpaid or improperly calculated overtime.
  • Employee misclassification (independent contractor vs. employee).
  • Illegal deductions from paychecks.
  • Failure to provide meal and rest breaks (as required by NJ law).
  • Unpaid commissions, bonuses, or tips.

If you are experiencing any of these issues, a Westwood wage and hour lawyer can help determine whether you have a legal claim against your employer.

What Are New Jersey’s Wage and Hour Laws?

New Jersey has strict wage and hour laws designed to protect workers from unfair treatment. These laws work alongside federal regulations, such as the Fair Labor Standards Act (FLSA), to ensure employees receive the compensation they are owed.

Current Minimum Wage Laws in New Jersey

As of 2024, New Jersey’s minimum wage is $15.13 per hour for most workers. However, certain industries have different rates:

  • Seasonal and Small Business Employees (Fewer Than Six Employees): $13.73 per hour.
  • Agricultural Workers: $12.81 per hour.
  • Tipped Employees: $5.26 per hour, but total earnings (including tips) must reach at least $15.13 per hour.

Employers who fail to pay minimum wage are violating state law, and employees can take legal action to recover lost wages.

Overtime Pay Laws in New Jersey

Under New Jersey law, non-exempt employees must receive overtime pay for any hours worked over 40 hours per week. Overtime wages must be paid at 1.5 times the employee’s regular hourly rate.

However, some employers try to avoid paying overtime by:

  • Misclassifying employees as exempt when they should be eligible for overtime.
  • Forcing employees to work off the clock.
  • Failing to include bonuses or commissions in overtime calculations.

If you are not being paid overtime despite working more than 40 hours per week, our Westwood wage and hour lawyers can help you recover what you are owed.

Misclassification of Employees in New Jersey

One common way employers avoid paying wages is by misclassifying workers. Misclassification occurs when an employer labels a worker as an independent contractor instead of an employee, thereby denying them benefits and protections, such as:

  • Minimum wage and overtime pay
  • Workers’ compensation coverage
  • Unemployment benefits

New Jersey uses the ABC Test to determine whether a worker is an independent contractor or an employee. A worker is only considered an independent contractor if:

  • They control how they do their work (not directed by the employer).
  • Their work is different from the company’s usual business activities.
  • They operate an independent business.

If your employer has misclassified you, Carcich O’Shea can help you pursue the wages and benefits you deserve.

Unpaid Wages and Illegal Deductions

Employers must pay workers for all hours worked, including:

  • Training time
  • On-call hours (in certain situations)
  • Short breaks (less than 20 minutes)

Some employers illegally deduct money from employees’ paychecks for things like uniforms, breakages, or cash register shortages. However, New Jersey law prohibits these types of deductions unless the employee voluntarily agrees in writing.

If your paycheck has been shorted, delayed, or unfairly reduced, our Westwood wage and hour lawyers can help you file a claim to recover your earnings.

What Are My Rights as a Tipped Employee in New Jersey?

Tipped employees have unique wage protections in New Jersey. Employers can pay tipped workers a lower base wage ($5.26 per hour in 2024), but the total earnings (wages + tips) must equal at least $15.13 per hour.

Common violations include:

  • Tip pooling abuses, where employers take a share of tips or require tips to be shared with non-tipped workers.
  • Failing to make up the difference if tips don’t bring total earnings to the required minimum wage.
  • Requiring off-the-clock work that reduces overall pay.

If your employer is stealing your tips or failing to ensure you earn the minimum wage, our Westwood wage and hour lawyers can help.

How to File a Wage and Hour Claim in New Jersey

If your employer has violated wage and hour laws, you may file a complaint with the New Jersey Department of Labor and Workforce Development (NJDOL) or take legal action against your employer.

Steps to take include:

  • Gather Evidence: Keep records of your hours worked, pay stubs, and any communications with your employer about wages.
  • Report the Violation: You can file a claim with the NJDOL or consult a lawyer about a lawsuit.
  • Seek Legal Representation: A Westwood wage and hour lawyer can help you recover unpaid wages, overtime, and damages.

In New Jersey, employees can recover:

  • Unpaid wages and overtime
  • Liquidated damages (up to 200% of unpaid wages)
  • Legal fees

If your employer retaliates against you for filing a complaint, you may also be entitled to additional damages.

Why Choose Carcich O’Shea?

At Carcich O’Shea, we have extensive experience handling wage and hour disputes in Westwood and throughout New Jersey. Our lawyers are dedicated to protecting workers’ rights and ensuring fair treatment under the law. When you work with us, you can expect:

  • Personalized legal strategies tailored to your situation.
  • Aggressive representation against employers who violate wage laws.

Contact Our Skilled Westwood Wage and Hour Lawyers at Carcich O’Shea Today

At Carcich O’Shea, our Westwood wage and hour lawyers are committed to helping New Jersey workers recover unpaid wages, overtime, and benefits. Call us today at 201-988-1308 or contact us online. Located in Hackensack, New Jersey, we serve clients in Bergen County, Edison County, Essex County, Morris County, and Passaic County.