Unpaid overtime is one of the most common—and often overlooked—violations of employee rights in the workplace. Many New Jersey workers clock in extra hours every week, unaware they’re entitled to time-and-a-half for the effort. Others know their rights but fear retaliation if they speak up.
If this sounds familiar, you’re not alone. This legal guide breaks down everything you need to know about reporting unpaid overtime in New Jersey, including your rights, how to gather evidence, and what steps to take next. Whether you’re an employee or HR professional, understanding the process is critical to protecting workplace fairness.
Understanding Overtime Laws in New Jersey
New Jersey employees are protected by both federal and state laws when it comes to overtime pay.
Federal Law (FLSA)
The Fair Labor Standards Act (FLSA) mandates that non-exempt employees must receive overtime pay at 1.5 times their regular rate for any hours worked over 40 in a workweek.
New Jersey Law
New Jersey’s state overtime law mirrors the FLSA and provides additional worker protections through the New Jersey Wage and Hour Law. Some key highlights:
- Applies to non-exempt employees (including retail, service, hospitality, and healthcare workers)
- No daily overtime law in NJ—overtime is only triggered after 40 hours/week
- Certain salaried employees may still qualify, depending on job duties
Not sure if you qualify? Our Employee Rights FAQ can help you evaluate your eligibility.
Overtime Law Comparison: NJ vs. Federal
Recognizing Unpaid Overtime
Many cases of unpaid overtime go unnoticed because the violations are subtle. Here are red flags to watch for:
- You’re told to “clock out” and keep working
- Breaks are automatically deducted, even if you didn’t take them
- You’re a salaried employee but spend most of your time doing hourly-level tasks
- You’re expected to answer calls or emails outside of work hours
- You’re working off the clock before or after shifts
Are You Missing Overtime Pay?
Steps to Documenting Unpaid Overtime
Before filing a complaint, build a strong case by gathering documentation. Here’s how:
1. Track Your Hours
Use a physical notebook, spreadsheet, or app to log:
- Dates and total hours worked
- Start and stop times
- Breaks taken (or not taken)
2. Save Pay Stubs and Schedules
Keep digital or printed copies of:
- Work schedules
- Paychecks and deductions
- Any shift changes or requests to stay late
3. Take Screenshots or Photos
If your clock-in/clock-out system is digital, document inconsistencies or missing entries.
4. Identify Witnesses
Coworkers who observed the same practices may be willing to support your claims.
Reporting Unpaid Overtime in New Jersey
Here’s a step-by-step guide to reporting your unpaid overtime:
Step 1: Try Internal Resolution (Optional but Recommended)
- Speak with your manager or HR department
- Present your documentation clearly and calmly
- Keep a record of the conversation
Step 2: File a Wage Complaint with the NJDOL
If internal efforts fail or feel unsafe:
- Visit the NJ Department of Labor and Workforce Development (NJDOL)
- Download and complete the Wage Complaint Form
- Include evidence (timesheets, pay stubs, witness names)
- Submit by mail, email, or in person
Step 3: Contact an Employment Attorney
If your claim is complex, involves retaliation, or you want to seek back pay or damages, contact a firm like Swartz Swidler. Legal representation can be critical to holding employers accountable.
Step-by-step visual diagram of the reporting process
Legal Recourse and Protections
Many workers don’t report unpaid overtime out of fear—but the law protects you from retaliation.
You Are Protected If You:
- File a wage complaint
- Cooperate with a state or federal investigation
- Testify on behalf of another worker
- Take legal action through an attorney
Possible Legal Outcomes:
- Back pay for all unpaid overtime
- Liquidated damages (often doubling your back wages)
- Job reinstatement if you were fired
- Attorneys’ fees covered by the employer
Learn more about retaliation protections under the Conscientious Employee Protection Act.
Frequently Asked Questions (FAQ)
Q: Can I be fired for reporting unpaid overtime?
A: No. Retaliation for asserting wage rights is illegal under both state and federal law.
Q: What if I don’t have all my time records?
A: The law allows you to testify about your best estimate. Courts can use your testimony if employer records are incomplete.
Q: How far back can I claim unpaid wages?
A: Up to 2 years for standard violations and 3 years if the employer’s violation was willful.
Q: I’m salaried. Do I still qualify for overtime?
A: Maybe. It depends on your job duties, not just how you’re paid.
Additional Resources
- 🏛 NJDOL Wage and Hour Division
- 📄 Wage Complaint Form (PDF)
- ⚖️ U.S. Department of Labor – FLSA Guidance
Conclusion
Unpaid overtime isn’t just a financial loss—it’s a violation of your rights. Knowing how to take action is the first step toward getting what you’ve earned.
If you suspect your employer owes you overtime wages, start by documenting your time and speaking with an attorney who knows New Jersey labor law inside and out.
📞 Contact Swartz Swidler for a free consultation. You’ve worked the hours. Let us help you get paid.
