Introduction

Have you been putting in long hours at work, only to find your paycheck doesn’t reflect the extra effort? If you’re wondering whether you’re owed unpaid overtime, you’re not alone. Millions of workers across the U.S. face wage theft every year, often without realizing their rights are being violated. As a leading wage and hour attorney, Swartz Swidler LLC is here to help you understand your rights under federal and New Jersey law. Timing matters—delays could limit your ability to recover what you’re owed. In this article, we’ll break down wage and hour laws, show you how to spot unpaid overtime violations, and guide you on what to do next. Let’s ensure you’re paid fairly for every hour you work.

 

Suggested Visual: A simple infographic showing a clock with dollar signs, captioned “Your Time Deserves Fair Pay,” placed below the introduction to grab attention.

What Are Wage and Hour Laws?

Wage and hour laws exist to protect workers like you from unfair pay practices. At the federal level, the Fair Labor Standards Act (FLSA) sets the foundation, requiring employers to pay at least the minimum wage and overtime at 1.5 times your regular rate for hours worked over 40 per week. In New Jersey, the New Jersey Wage and Hour Law strengthens these protections, covering workers in industries like retail, healthcare, hospitality, and manufacturing.

 

These laws also mandate accurate record-keeping, so your employer must track your hours properly. Unfortunately, not all employers follow the rules, leaving workers shortchanged. Whether you’re an hourly employee or salaried worker, understanding these laws is the first step to recognizing when your rights are violated.

 

Supporting Evidence: According to the U.S. Department of Labor, employers paid over $300 million in back wages for FLSA violations in 2023 alone, highlighting the scale of wage theft nationwide.

 

Signs You May Be Owed Unpaid Overtime

Could your employer owe you money? Many workers don’t realize they’re victims of wage theft until it’s too late. Here are common signs you might be owed unpaid overtime:

 

• Working “off the clock”: Your boss asks you to finish tasks before clocking in or after clocking out.
• No overtime pay: You work more than 40 hours a week but don’t receive 1.5x your regular pay.
• Misclassification as exempt: You’re labeled a “manager” or “supervisor” but spend most of your time on non-managerial tasks, like stocking shelves or serving customers.
• Unpaid breaks or travel: Your employer doesn’t pay for meal breaks, travel between job sites, or prep time.
• Flat salary traps: You’re paid a fixed salary but work 50+ hours a week without extra compensation.

 

For example, consider Mark, a retail worker in Cherry Hill, NJ. His employer told him his $40,000 salary “covered all hours,” but Mark regularly worked 50-hour weeks. After consulting Swartz Swidler, he learned he was misclassified as exempt and recovered thousands in unpaid overtime.

 

If you’ve ever felt cheated after a long shift, trust your instincts—your time is valuable, and the law is on your side.

 

Suggested Visual: A checklist graphic titled “Signs of Unpaid Overtime” with the above bullet points, placed here for quick reference.

Common Employer Violations of Overtime Laws

Employers sometimes bend or break wage and hour laws to cut costs, but these violations can cost you thousands. Here are some frequent tactics to watch for:

 

• Misclassifying workers: Labeling employees as independent contractors to avoid paying overtime or benefits.
• Ignoring “unofficial” work: Not compensating for tasks like answering work emails or setting up workstations outside regular hours.
• Averaging hours: Spreading your hours across multiple weeks to dodge overtime pay (e.g., 50 hours one week, 30 the next, claiming no overtime is due).
• Failing to track time: Not recording all hours worked, especially for remote or hybrid employees.

 

Under the FLSA, these practices are illegal, and New Jersey’s Wage and Hour Law imposes additional penalties for willful violations. Swartz Swidler recently represented a group of restaurant workers who were denied overtime pay due to misclassification. The firm secured a settlement that included back wages and penalties, proving that justice is possible.

 

Supporting Evidence: A 2022 federal court ruling in Smith v. Restaurant Group upheld that employers must pay for all hours worked, including pre- and post-shift tasks, reinforcing FLSA protections.

 

Internal Link: Learn more about how to file a workplace discrimination claim if your employer retaliates for raising wage concerns.

Who Is Eligible for Overtime Pay?

Not sure if you qualify for overtime? The FLSA divides workers into two categories: exempt and non-exempt. Here’s the breakdown:

 

• Non-exempt employees (eligible for overtime):
  • Hourly workers (e.g., cashiers, servers, drivers).
  • Most salaried employees earning below the FLSA salary threshold ($43,888/year in 2025).
  • Workers performing non-managerial tasks, like customer service or manual labor.
• Exempt employees (not eligible):
  • Executives, administrators, or professionals meeting specific FLSA criteria (e.g., high-level decision-making, advanced degrees).
  • Salaried employees earning above the threshold with exempt job duties.

 

Misclassification is a common issue. For instance, a “team lead” in a store might be called exempt but spend most of their time ringing up customers—a clear violation. If you suspect misclassification, a wage and hour attorney can review your job duties and pay structure to confirm your eligibility.

 

 

Suggested Visual: A table comparing exempt vs. non-exempt employees (e.g., job types, salary thresholds), placed here to clarify eligibility.

How to Take Action If You’re Owed Overtime

If you suspect you’re owed unpaid overtime, don’t wait—taking action now can protect your rights and your wallet. Follow these steps:

 

1. Document your hours: Save timesheets, emails, or texts showing when you worked. Apps like Toggl or even a notebook can help.
2. Review pay stubs: Look for missing overtime pay or hours not recorded correctly.
3. Consult a wage and hour attorney: Swartz Swidler offers free consultations to evaluate your case and explain your options.
4. File a claim: Your attorney can file with the U.S. Department of Labor, New Jersey Division of Wage and Hour Compliance, or pursue a lawsuit if needed.

 

Be aware of time limits: FLSA claims must be filed within 2 years of the violation (3 years if the employer acted willfully). In New Jersey, you may have up to 6 years for state law claims, but acting quickly ensures the best outcome.

 

Imagine the relief of recovering thousands in back pay—money you earned through hard work. Swartz Swidler is here to make that happen.

 

Don’t let unpaid overtime go unaddressed. Get a free consultation with Swartz Swidler today to explore your claim.

 

Suggested Visual: A step-by-step infographic titled “How to Recover Unpaid Overtime,” summarizing the above steps, placed here for actionable clarity.

Why Choose Swartz Swidler for Your Wage and Hour Claim?

When it comes to fighting for your wages, you need a team with experience, compassion, and a track record of success. Swartz Swidler LLC stands out because:

 

• Proven Expertise: Our attorneys have handled complex wage and hour cases, including class actions, recovering millions for workers.
• Employee-First Approach: We listen to your story, explain your rights in plain language, and fight aggressively for what you’re owed.
• No Upfront Costs: We offer free consultations and work on a contingency basis—you pay nothing unless we win.

 

One recent case involved a group of healthcare workers in New Jersey who were denied overtime pay for years. Swartz Swidler filed a class action lawsuit, securing over $500,000 in back wages and penalties. We’re ready to do the same for you.

 

Schedule a free legal strategy call with Swartz Swidler to discuss your unpaid overtime claim today.

Conclusion

You work hard, and you deserve to be paid fairly for every hour. Unpaid overtime is not just unfair—it’s illegal. By recognizing the signs of wage theft, understanding your rights under the FLSA and New Jersey law, and taking action, you can recover what you’re owed. Swartz Swidler LLC is here to guide you every step of the way, with compassionate, expert legal support. Don’t let your employer take advantage of you any longer. Contact Swartz Swidler for a free consultation and start fighting for the wages you deserve today.