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Many employees work beyond their scheduled hours, expecting to be compensated for their time. Unfortunately, some employers try to avoid paying overtime by misclassifying employees, altering timesheets, or enforcing unfair policies. If you have worked overtime and have not been paid, you may have a legal claim for unpaid wages.
What Are Your Overtime Pay Rights?
Under federal and New Jersey state laws, eligible employees are entitled to overtime pay when they work more than 40 hours in a workweek. Key laws include:
- The Fair Labor Standards Act (FLSA): Requires employers to pay 1.5 times an employee’s regular rate for overtime hours.
- New Jersey Wage and Hour Law: Provides additional protections for workers and ensures proper overtime compensation.
Common Overtime Violations
Employers use various tactics to avoid paying overtime, including:
- Requiring employees to work “off the clock.”
- Misclassifying employees as exempt from overtime pay.
- Altering or failing to record overtime hours worked.
- Failing to include bonuses or commissions in overtime calculations.
Who is Eligible for Overtime Pay?
Many employees assume they are not entitled to overtime pay because of their job title or salary. However, only workers classified as exempt under FLSA regulations are ineligible. Non-exempt employees—including most hourly and some salaried workers—must be paid overtime.
What to Do If You Are Not Being Paid Overtime
If your employer is withholding overtime wages, follow these steps:
- Review your pay stubs and work hours to identify discrepancies.
- Keep records of your hours worked, including schedules and emails.
- Discuss the issue with HR or your employer.
- Consult an employment attorney to recover your unpaid wages.
How an Employment Lawyer Can Help
A skilled employment lawyer can assist you by:
- Determining if you are owed unpaid overtime.
- Filing a complaint with the Department of Labor.
- Pursuing legal action to recover lost wages and penalties.
Recover the Wages You Deserve
If your employer has failed to pay you overtime wages, Castronovo & McKinney, Employment Law Attorneys can help you fight for fair compensation.
Contact Us
New Jersey Office:
71 Maple Ave
Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924
New York Office:
420 Lexington Avenue, Suite 1830
New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781
Contact our legal team today for a confidential consultation and take the first step toward recovering your unpaid wages.
