Spotting Employer Violations of Wage and Hour Laws

Wage and hour laws are designed to ensure that employees receive fair compensation for the work they perform, including overtime pay when applicable. Unfortunately, some employers attempt to circumvent these laws by misclassifying employees or exploiting loopholes. If you believe your New Jersey employer is violating federal or state wage and hour laws, you need to take action to protect your rights. 

Wage and hour laws, governed by the Fair Labor Standards Act (FLSA) at the federal level and New Jersey state law, mandate that non-exempt employees must be paid at least the minimum wage for all hours worked and receive overtime pay at a rate of one and a half times their regular rate for any hours worked over 40 in a workweek. However, employers sometimes misclassify employees to avoid paying overtime.

One common tactic used by employers is to misclassify employees as “exempt” from overtime pay. Under the FLSA and New Jersey law, certain categories of employees, such as those in executive, administrative or professional roles, may be exempt from overtime requirements. However, simply giving an employee a title or paying a salary does not automatically make them exempt. The actual duties performed by the employee determine whether they are truly exempt. Employers may wrongly label workers as exempt to deny them overtime pay, even when the job duties do not meet the criteria for exemption.

Another strategy employers use to sidestep wage and hour laws is misclassifying employees as independent contractors, who are not entitled to overtime pay under the FLSA or New Jersey law. However, to be considered an independent contractor, an individual must generally be in business for themselves, control how they perform their work and not be economically dependent on a single employer. If your employer controls your work schedule, provides the tools necessary for your job and requires you to perform your work in a specific manner, you could be misclassified as an independent contractor.

If you believe your employer is violating wage and hour laws by misclassifying you or failing to pay required overtime, the first step is to gather evidence. This may include pay stubs, job descriptions and records of hours worked. It’s important to document any communications with your employer regarding your pay or classification.

Next, consider consulting with a qualified New Jersey employment lawyer who can evaluate your situation, determine if your employer is violating wage and hour laws, and advise you on your legal options. You may be entitled to back pay for unpaid overtime, as well as other remedies under the law.

The employment law attorneys at Deutsch Atkins & Kleinfeldt, P.C. in Hackensack have wide experience in helping New Jersey workers get the protections they deserve under state and federal labor laws. To schedule a confidential consultation, call 551-245-8894 or contact us online.