Minimum Wage Attorneys

Minimum Wage Attorneys

Non-exempt employees in New Jersey have wage and hour protections under both federal and state laws. The Fair Labor Standards Act and its amendments provide some federal protections. Workers in the state are also protected by the New Jersey State Wage and Hour Law, which provides additional protections as well. Under both the federal and state laws, employers are required to pay a minimum hourly wage and overtime to non-exempt employees. If your employer has violated either the FLSA or its amendments, the attorneys at Swartz Swidler may help you to recover everything that you are owed.

Minimum wage and hour claims

If you are a non-exempt employee, your employer must pay you minimum wages that comply with federal and state laws. Employers must also pay overtime at a rate of one-and-one-half times your hourly rate for the hours you work in a week that exceed 40. You may have legal grounds for filing a claim against your employer if he or she has not paid you the required minimum wage or overtime.

Even if you are salaried or receive commissions, you still may be considered to be a non-exempt employee. While federal law mandates a minimum wage of $7.25 per hour, New Jersey’s state law requires employers to pay a minimum wage of $8.38 per hour. Overtime must be paid at the rate as previously defined. In order to be an exempt employee, your payment amount and work duties must meet the requirements of an exemption to the minimum wage and overtime laws. The employment lawyers at Swartz Swidler have experience with representing people who should have received minimum hourly wages but who did not.

Types of New Jersey wage and hour issues

There are a number of different wage and hour issues that the attorneys at Swartz Swidler have dealt with in New Jersey. The most common types include the following:

  • General wage and hour violations

Most New Jersey workers are supposed to be paid a minimum of $8.38 per hour as well as overtime pay when they work more than 40 hours in a workweek. New Jersey law also regulates other related issues, such as meal and rest breaks, time on call and working off the clock.

  • Hospitality industry wage and hour violations

Employers in the hospitality industry, including restaurants, must follow the state and federal wage and hour laws. When a tipped employee is paid a base wage of $2.13 per hour, his or her tips are supposed to equal enough for the employee to make at least $8.38 per hour. Common restaurant issues include failing to pay the base $2.13 per hour, requiring employees to work off the clock, not raising the base to pay up to $8.38 for hours in which the employee did not receive sufficient tips and other issues. Tips may not be taken away by owners or supervisors, and tipped employees may not be required to share their tips with staff who are working in non-tipped positions.

  • Prevailing wage law violations

Some people who work in specialized trades whose work includes government contracts have rights to receive the prevailing wage for their trades, including minimum pay levels and benefits. Some might be entitled to receive more than $40 per hour. This means that a person who works in a trade may believe that he or she is being fairly paid when he or she should actually have received thousands of dollars in additional compensation.

  • Misclassifying workers as exempt employees

Salaried employees may not meet the requirements under the FLSA for exemption from overtime requirements. This is a common wage and hour violation, especially within the computer technology industry and for administrative workers.

  • Misclassifying workers as independent contractors

Some employers attempt to get around paying overtime, minimum wage and payroll taxes by misclassifying workers as independent contractors. If the employer controls how the work is performed and the hours the employee works, the employee may be misclassified.

  • Failing to pay commissions

Employees whose jobs involve them working on a commission basis sometimes find that their commissions are either paid late or not at all. There are laws that protect these workers.

  • Equal Pay Act

An amendment to the Fair Labor Standards Act, the Equal Pay Act provides remedies for women who are not paid equally to men for the work that they perform. Women also have protections under the Civil Rights Act to equal pay. Both acts require women to file their complaints within the statutory deadlines in order to pursue their compensation rights. If your rights under the Equal Pay Act have been violated, it is important for you to meet with Swartz Swidler quickly so that the statutory filing deadline doesn’t pass.

Our New Jersey wage and hour law firm can help

If you believe that your employer has committed any wage and hour violations with you, you might need legal help from a wage and hour attorney at Swartz Swidler. A lawyer may review your job, duties, hours and rate of pay in order to determine whether a violation may have occurred. Call Swartz Swidler today for your free consultation.