Newark, New Jersey Unpaid Overtime
Both federal and state laws require that employees pay their workers additional compensation when they work more than 40 hours in a week. Unfortunately, in far too many workplaces, bosses steal pay from their employees by not complying with these laws. If you suspect your boss is not paying you overtime, you should consult with a Newark wage dispute lawyer.
According to the Fair Labor Standards Act (FLSA), employers must pay non-exempt employees 1.5 their regular rate of pay for all hours above 40 hours in a week. For example, if you make $10 an hour, you should receive $15 for each overtime hour. If you do not, then your employer is not following the law.
If you prevail in your wage dispute, you can receive all owed, unpaid overtime (called backpay). You can also receive an equal amount as liquidated damages, in addition to attorneys’ fees and court costs.
Checking for Employer Errors
Some employers try to avoid paying overtime by engaging in creative accounting practices. You should hold onto your pay stubs and keep a detailed list of the hours you work. Look for the following techniques your employer might use to deny you overtime pay:
- Your employer averages hours over a two-week period
- Your employer does not count time spent in preparation for your shift
- Your employer changes what counts as your “workweek”
We have seen employers engage in these and other accounting tricks, which can be hard for unwary employees to keep track of.
Are You Exempt from Overtime?
As mentioned above, overtime pay is required for “non exempt” employees. However, many employees are exempt, and you might think you are one of them. In particular, you might think you do not qualify for overtime because you are a salaried employee.
This is one of the most common misconceptions we hear from clients. According to the law, a salaried employee might qualify for overtime pay. In other words, you are not exempt from the FLSA’s overtime law simply because you receive a salary.
To be exempt, you must earn more than $455 per week and perform the duties of an exempt employee, such as:
- Your work requires an advanced degree
- You perform supervisory work
- You make high-level business decisions
Consider the following: Melissa works as a secretary at a construction company. She is paid a salary of $550 a week. Because her job does not require an advanced degree or involve any supervisory or business decisions, she could qualify for overtime for hours worked over 40 a week even if she is salaried.
Reach Out to Us Today for Help
Wage disputes might leave you frustrated and angry. Fortunately, legal help is available. At the Sattiraju Law Firm, our Newark, NJ unpaid overtime lawyers have handled countless wage dispute and understand how to identify overtime violations. With our deep experience in this field, we can push to get you the compensation you deserve.
We advise both employers and employees about potential overtime violations and how to correct them. Reach out to us today by calling us at 609-722-7023 or submitting our contact form.