How New Jersey Laws Protect You From Unpaid Overtime
Few things can be more distressing than not being paid for your work. Zipin, Amster & Greenberg’s New Jersey legal team is here to help you understand everything you need to know about unpaid overtime, including whether you should be compensated and how to reclaim the payments owed to you.
In order to help with unpaid overtime cases, we’ll first clarify what unpaid overtime truly is.
In general, an employee is only paid their normal rate for working 40 hours or less per week. After working 40 hours, employees are entitled to time-and-a-half payment for all extra hours worked beyond 40 per week. This is true if they are paid hourly, daily, or per shift.
Let us provide a few examples of employers being responsible for unpaid overtime. These include work performed in the following scenarios:
If what you have experienced is similar to what we just mentioned, then contact us today for legal help.
No matter what a manager, supervisor, or employer says, unpaid overtime is illegal in New Jersey.
Your right to overtime wages is guaranteed by the Fair Labor Standards Act (FLSA), which provides federal protections for employees. This act requires employers to pay their employees’ time-and-a-half for overtime hours worked.
Workers are also protected by New Jersey state laws such as NJ Rev. Stat. Sec. 34:11-56a4 which states, “An employer shall also pay each employee not less than 1 1/2 times such employee’s regular hourly rate for each hour of working time in excess of 40 hours in any week.”
These and other laws clearly show New Jersey workers have legal protections to ensure overtime wages are paid. Our experienced unpaid overtime attorneys are familiar with these complexities and will be able to assess your unique situation to help you receive full compensation.
Certain employment positions are ‘exempt’ from overtime pay requirements. This includes the following categories of employees:
If you either don’t fit into an exempt category or believe your role is being improperly classified as exempt by your employer, our unpaid overtime attorneys can help. Even if you work in one of the exempt categories listed above, you may still be entitled to overtime wages and an attorney can help you determine whether your employer owes you money.
While certain companies may at times make an accounting or payroll error and thus not pay overtime, many don’t pay overtime simply out of their own greed.
They may think they can avoid paying what is due to their employees by avoiding the laws altogether, such as illegally classifying workers as exempt employees.
They may also try to coerce employees to work before they punch in or after they punch out in order to skirt legal protections. This includes asking them to do ‘lighter’ duties that may be easier or quicker, but is still part of their job.
Still other employers don’t count certain work-related meetings and training sessions as work, viewing them as tasks outside of their normal job scope or an unpaid service they need to render to continue to qualify for their position.
There are many more situations where an employer knowingly withholds overtime payment. Contact our experienced attorneys today for help with your unique case.
As mentioned earlier, unpaid overtime is illegal in New Jersey. That means employers who fail to pay employees for overtime hours are in violation of both state and federal laws, thus an employee can file a lawsuit against them.
If you believe you are the victim of an employer not paying you overtime, consult with the attorneys at Zipin, Amster & Greenberg –even if you don’t believe you can afford an attorney. This is because you may qualify for contingency-based legal help, meaning you only pay your attorneys if you win. For employment-focused legal assistance with unpaid overtime claims, contact Zipin, Amster & Greenberg.
If your employer refuses to pay you for what you are owed, then it is time to exercise your state and federal rights to fair compensation, regardless of what your employer may say. Our experienced employment legal team at Zipin, Amster & Greenberg will fight to ensure you receive the full compensation owed.
Having helped thousands of victims of unpaid overtime like you, the employment attorneys at Zipin, Amster & Greenberg are ready to go to work on your case.
We’ll start by understanding every aspect surrounding your work, what happened, who was involved, and where things have been left between you and your employer. We’ll then examine every state and federal law to use on your behalf as we develop a strategy to get you the compensation you deserve.
The lawyers and legal professionals at our firm have years of experience along with ample resources to use in your case. Having successfully recovered millions of dollars for victims of wage theft in the past has allowed us to hone our approach for your case in order to receive the full compensation that you’re entitled to.
The employment lawyers at Zipin, Amster & Greenberg focus on helping victims of unpaid overtime like you. Our legal insights, knowledge, and experience are ready to be put to work to win your case and to protect your rights.
Fill out our contact form or call us at (551) 244-1257.
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Call us now at 551-244-1257 or use the form below.
Secured $300,000
settlement on behalf of 8 plaintiffs in two cases to recover unpaid wages for time they spent ‘on-call’ overnight and required to remain on their employer’s property.
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At Zipin, Amster & Greenberg, our attorneys have access to over 60 years of combined employment law experience. Let us work on your case with our experience, resources, and insights. Contact us today to book an in-office consultation.
Fill out our contact form or call us at (551) 244-1257.
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Call us now at 551-244-1257 or use the form below.