Employees in Morristown, New Jersey should be paid what they are owed. Fortunately, both New Jersey and the federal government provide workers with ample protections in the form of wage and overtime laws. Even if your employer tries to cheat you out of wages, you have legal recourse to get paid the wages you have earned.
If you have a wage dispute, speak with one of our unpaid wage and overtime lawyers in Morristown, New Jersey. We have extensive experience representing workers just like you in court or before administrative tribunals.
Minimum Wage Laws
New Jersey has decided to set a minimum wage that is higher than what the federal government requires. Starting in 2020, employers must pay at least $11.00 an hour. This amount will increase a dollar an hour every year until 2024. Certain employers can pay less, such as seasonal or small employers, but our State’s minimum wage laws apply to most workers.
To check whether you are being paid the minimum wage, review your paystubs each pay period. Divide your pay by all hours worked. You should make at least $11.00 or more per hour for every hour worked. Remember that even waiters and waitresses must make the minimum once tips are accounted for.
Overtime Laws in New Jersey
The New Jersey Wage and Hour Law requires that employers pay time and a half for each hour worked over 40 in a week. So if someone makes $20 an hour and works 45 hours in a workweek, then 5 of those hours must be paid at $30 an hour.
A common misconception is that salaried employees are exempt from overtime. Nothing could be farther from the truth. A salaried employee who works more than 40 hours in a week must be paid overtime unless they are exempt as an administrative, executive, or professional employee. Some other trades are also exempt, but most workers are covered.
If you have been denied overtime, we can help analyze whether you are covered by the law. It is vital to look at the substance of the work you perform and not merely your title or the classification an employer gives you. For example, many clerical employees who do routine work are wrongly classified as “professional,” even though they do not exercise independent judgment.
Do You Have a Wage or Overtime Claim?
There are certain red flags that signal an employee is being cheated out of wages. Some of the more common include:
- Doing work “off the clock.” For example, employees might need to put out tables and chairs before their shift starts or restock shelves after their shift ends. Employers usually need to compensate for this labor.
- Having employers constantly redefine what qualifies as the “workweek.” This is often a practice to avoid paying overtime.
- Being labeled an independent contractor. Employers do not have to pay a minimum wage or overtime to independent contractors. But New Jersey has a rigorous test, and many employers misclassify.
- Doing routine work as a salaried employee. You might be entitled to overtime pay.
Morristown, NJ Unpaid Wages & Overtime Lawyers
Every worker is entitled to fair wages and honest treatment by their employer. If you feel you are being taken advantage of, please contact us today. We can seek the wages you are owed by filing a case in the appropriate legal forum.