Introduction: Overworked and Underpaid? You’re Not Alone
You stayed late. You skipped breaks. You put in the hours, gave it your all, and expected your paycheck to reflect that effort. But when payday came around, the math didn’t add up—and you were left wondering: “Where’s my overtime pay?”
Unfortunately, unpaid overtime in New Jersey is a common problem across many industries—from retail and healthcare to warehouses and restaurants. And whether it was a mistake, a misunderstanding, or outright wage theft, the truth is simple: you may be legally entitled to that missing money.
In this guide, we’ll break down your rights under New Jersey and federal law, explain how to calculate what you’re owed, and give you a step-by-step roadmap to take action. If your time has been stolen, let’s help you take it back.
Understanding Overtime Laws in New Jersey
The Basics: What Counts as Overtime?
Under New Jersey state law and the Fair Labor Standards Act (FLSA), most employees are entitled to overtime pay at 1.5 times their regular hourly rate for any hours worked over 40 hours per week.
So if you make $20/hour and work 50 hours in a week, the 10 extra hours should be paid at $30/hour—not your regular rate.
Are You Owed Overtime?
You might be surprised by how many workers are wrongly denied overtime due to misclassification or misinformation.
Exempt vs. Non-Exempt: What’s the Difference?
Non-exempt employees are covered by overtime laws. These typically include:
- Hourly workers
- Most administrative support staff
- Manual laborers
- Retail associates
- CNAs, EMTs, delivery drivers, and food service workers
Exempt employees may not be eligible for overtime if they meet all of the following:
- Paid a salary of at least $684/week
- Perform executive, administrative, or professional duties
- Have authority or discretion in decision-making
Common Misclassification Alert: Just because you’re salaried doesn’t mean you’re exempt. Employers often mislabel workers to avoid paying overtime.
Other Forms of Wage Theft
- Being asked to work “off the clock”
- Shortchanging hours on pay stubs
- Failing to pay for mandatory training or meetings
- Not paying for travel time between job sites
How to Calculate What You’re Owed
Let’s break it down with an example.
Say You Make:
- $18/hour
- You worked 50 hours last week
Your Overtime Pay Should Be:
- 40 hours x $18 = $720 (regular pay)
- 10 hours x $27 = $270 (overtime pay)
- Total: $990
If you were only paid for 50 hours at $18/hour = $900, then you’re missing $90 in overtime pay—just for one week.
Now imagine this happening for 6 months. You could be owed thousands.
Know Your Overtime Rights: 40+ Hours = 1.5x Pay
Steps to Take If You’re Owed Unpaid Overtime
1. Gather Documentation
Start with:
- Your timecards or shift schedules
- Pay stubs
- Emails or texts from supervisors confirming your hours
- Notes about when and where you worked
2. Review Your Pay
Compare your hours worked with your wages paid. If your employer didn’t account for overtime properly, flag it.
3. Bring It to HR or Payroll
Sometimes, unpaid overtime is a mistake. Give your employer the chance to correct it—in writing.
4. File a Complaint
If your employer doesn’t fix it, you can:
- File with the NJ Department of Labor – Wage & Hour Division
- File with the U.S. Department of Labor – Wage & Hour Division (WHD)
5. Speak with an Employment Lawyer
If the issue is ongoing, or you fear retaliation, legal help may be your best route. A lawyer can:
- Calculate what you’re owed
- Send a demand letter
- File a lawsuit
- Represent you in a collective action
How Long Do You Have to File?
- NJ state law allows 6 years to file a wage claim.
- Under the FLSA, you typically have 2 years, or 3 years for willful violations.
Tip: The sooner you act, the easier it is to collect accurate records and maximize your chances of success.
What Compensation Can You Recover?
If you win your case, you could be entitled to:
- Unpaid overtime wages
- Liquidated damages (double what you’re owed in many cases)
- Interest and legal fees
- Reinstatement or job protection if retaliation occurred
“Wage theft isn’t just about dollars—it’s about fairness. We’ve helped hundreds of workers in New Jersey get the pay they rightfully earned.”
— Richard Swartz, Esq., Founding Partner, Swartz Swidler LLC
FAQs: Unpaid Overtime in NJ
- Can salaried employees get overtime?
- Yes—if you’re non-exempt, you still qualify, regardless of how you’re paid.
- What if I didn’t keep records?
- Your testimony, witness statements, or estimated work schedules can still support a claim.
- Can I be fired for asking about overtime?
- No. Retaliation for asserting wage rights is illegal under NJ and federal law.
- Is there a minimum amount owed before I can take legal action?
- No amount is too small to claim, but if you’re owed more than a few weeks, it may be worth pursuing legally.
Additional Resources
- NJ Department of Labor – Wage & Hour
- U.S. Department of Labor – WHD
- Swartz Swidler – Wage & Hour Violations
- Contact Swartz Swidler
Conclusion: Your Time Is Valuable. So Is Your Pay.
You work hard—and you deserve every dollar you earn. If your employer hasn’t paid you for your overtime, don’t let it slide. Wage theft is not just unfair, it’s illegal.
At Swartz Swidler, we’ve recovered millions in unpaid wages for hardworking people just like you. Let us help you calculate what you’re owed and fight for the compensation you deserve.
📞 Call (856) 685-7420 or request your free consultation online today.
Because your time should never go unpaid.
Are You Missing Out on Overtime Pay?
Overtime violations are more common than most employees realize—especially in New Jersey. Whether you’re clocking out late, working through breaks, or being told you’re “exempt” without explanation, you could be losing money you’re legally entitled to.
Our free PDF, “5 Signs You’re Being Denied Overtime,” breaks it down clearly:
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Spot the red flags of illegal employer practices
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Learn what really qualifies for overtime
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Discover your rights under NJ wage and hour law
📥 Download your copy now and take the first step toward recovering what you’re owed. If any of these signs sound familiar, Swartz Swidler is here to help.
