Unpaid Overtime Attorneys

Unpaid Overtime Attorneys

In New Jersey, Pennsylvania and across the nation, non-exempt workers are entitled to receive overtime pay for all of the hours that they work in excess of 40 in a workweek under state and federal overtime laws. Some employers engage in unfair labor practices, including failing to pay for overtime that their employees should receive. Others engage in unfair labor practices to try to avoid paying FLSA overtime by misclassifying their employees as independent contractors or exempt workers. If you believe that you should have received overtime pay that you did not, the employment lawyers at Swartz Swidler might help you to recover the money you should have been paid.

Are You Entitled to Overtime Pay?

Both state and federal labor laws provide for the payment of minimum hourly wages and overtime for non-exempt employees. The federal overtime law is the Fair Labor Standards Act, or FLSA. Under it, non-exempt workers are entitled to receive FLSA overtime at a rate of one-and-one-half times their regular hourly rate. The regular hourly rate includes the person’s hourly wage together with his or her commissions that he or she has earned as well as any bonuses that he or she has received. In addition to federal labor laws, the states also have their own labor laws that protect non-exempt workers. In New Jersey, the minimum wage under state law is $8.38, and the employers in the state are mandated to pay non-exempt workers one-and-one-half times their hourly rate as overtime compensation.

Some workers who are salaried are considered to be non-exempt workers who are entitled to overtime pay under the law, regardless of how their employers have classified them. The fact that a person holds a certain job title or is salaried does not automatically make him or her an exempt employee. Under the law, the employee’s responsibilities, job duties and pay dictate whether or not they are considered to be exempt or non-exempt for minimum wage and overtime pay purposes.

Similarly, some workers are classified as independent contractors when they should instead be classified as statutory employees. Employers sometimes try to classify workers as independent contractors in order to avoid minimum wage and overtime requirements. Your employment law attorneys at Swartz Swidler may review your job duties, the rate of pay and other requirements to see if you have been misclassified and thus entitled to overtime pay and a minimum hourly wage.

Overtime Exemptions

Certain workers are considered to be exempt employees for minimum wage and overtime pay purposes. You may be considered to be an exempt employee if you make a salary that is above a set level, if your job includes hiring and firing others, if you supervise the work of two or more employees regularly and if your job involves your exercising discretion about significant matters. The wage and hour attorneys at Swartz Swidler will review your pay and job duties to check to see whether or not you are an exempt employee or instead one who should receive overtime pay.

How can an Overtime Violations Attorney Help?

If your employer has failed to pay overtime to you that you rightfully deserved, the attorneys at Swartz Swidler can help in several ways. We may be able to file a lawsuit on your behalf. Through such a lawsuit, we might be able to recover your unpaid overtime as well as liquidated damages, attorney’s fees, interest and penalties for you.

Contact Our Unpaid Overtime Attorneys

If you should have received overtime that you did not, the employment law attorneys at Swartz Swidler may recover what you are owed for you. Contact us today to schedule your free consultation.