Overtime Labor Law - Wage and Hour Violations

Employment Attorneys Serving Northern and Central New Jersey

Both the federal Fair Labor Standards Act and the New Jersey Wage and Hour Law require employers to pay a minimum wage for all time worked, with a time-and-a-half overtime premium for hours worked in excess of forty in a week if the employee does not fit into one of the following exempt categories:

  • Executives
  • Administrative employees
  • Professional employees
  • Outside sales representatives
  • Skilled computer employees

Employers sometimes misclassify employees as exempt and fail to pay them time-and-a-half for work performed over 40 hours per week even though they are legally entitled to such overtime compensation. Green Savits, LLC represents employees in overtime claims and claims for unpaid wages, including commission and bonus claims. Call 973.695.7777 today to schedule your Overtime and Wage Violations consultation with our experienced legal team!

What Are Common Overtime and Wage Violations?

Although there are many types of violations, some of the most common include:

  • Wrongfully denied overtime wages
  • Miscalculated overtime wages
  • Failure to pay minimum wage
  • Misclassification of employees as exempt
  • Misclassification of employees as independent contractors
  • Requesting employees to work off the clock
  • Withholding money from an employee’s paycheck (for reasons unrelated to benefits and taxes)
  • Misclassifying work hours as something else to avoid compensating those hours

We encourage you to call our employment attorneys if you aren’t sure whether you have a claim. We’ll review the situation and determine if a wage or overtime violation took place.

Can My Employer Take Money From My Wages for Mistakes?

No, state law says your employer cannot deduct money from your wages for mistakes you made. 

Is My Direct Manager or the Company At Fault for Wage Violations?

It is possible your direct manager is the source of the violation. It’s also possible that it is a more pervasive violation stemming from higher up in the company’s operations.

What is the Statute of Limitations for Wage and Overtime Violations?

New Jersey’s relevant statute of limitations provides six years to bring wage and hour claims. This was extended from two years to six years with the 2019 passage of the Wage Theft Law. The six-year limitation does not apply to cases retroactively. 

We urge you to contact us regardless of where you think your claim may fall in relation to the statute of limitations. There may be exceptions and it is difficult to try to dig through the laws on your own. Our attorneys can tell you what your options are if you believe you have a wage or overtime violation claim.

How Can I Prepare for My Case in Court?

The strategy in your case will be unique to the situation. When we work with our clients, we do all the heavy lifting for them. That means investigating the case, obtaining evidence, and negotiating with involved parties. We want our clients to feel unburdened by hiring us, and to focus on their lives and careers going forward. Having said that, we will reach out to you immediately if we believe you can help your case or if there is something you need to do to prepare. It’s important to understand that not all of these cases go to a courtroom. There may be other negotiations and settlements that take place. Rely on us to keep you informed every step of the way.

What Kind of Evidence is Needed for a Wage and Overtime Violation?

Our experienced employment attorneys know how to investigate the claim and retrieve all related documentation and evidence to support the case. Examples of possible evidence include:

  • Pay stubs
  • Records of wages paid
  • Records of hours worked
  • Payroll records
  • Email correspondence
  • Work schedules

Each case is unique so the evidence required will vary, but we will be looking for evidence of the violation. For the most part, these records related to wages and hours worked are stored and maintained by the employer, not necessarily the employee. If the employer cannot provide documentation, we will look at what the options are for supporting your claim.

Consult Green Savits, LLC For Your Wage and Overtime Violation Case!

The attorneys at Green Savits, LLC have extensive experience representing employees in federal and state trial and appellate courts who have been denied minimum wages, overtime compensation, bonuses or commissions to which they are entitled.

Speak with our wage and hour attorneys at Green Savits, LLC today by calling (973) 695-7777 or by completing the form on our website.