Working beyond regular hours without receiving proper compensation is not only unfair—it’s illegal. Many employees in Egg Harbor Township and across New Jersey face issues related to unpaid overtime, often without realizing that their rights are being violated. If your employer has failed to pay you for overtime hours, you may be entitled to recover lost wages, penalties, and additional damages. An experienced employment lawyer can help you secure the compensation you deserve.
What Are Overtime Laws?
Overtime laws are designed to ensure that employees receive fair compensation when they work more than a standard workweek. Under the Fair Labor Standards Act (FLSA) and the New Jersey Wage and Hour Law (NJWHL), most employees are entitled to receive 1.5 times their regular hourly rate for any hours worked over 40 in a workweek.
Who is Entitled to Overtime Pay?
While many employees are entitled to overtime pay, some positions are classified as “exempt,” meaning they are not eligible for overtime. Common exemptions include:
- Executive, administrative, and professional employees (with specific salary and job duty requirements)
- Outside sales representatives
- Certain computer-related professionals
However, employers often misclassify employees as exempt to avoid paying overtime. If you’ve been denied overtime pay, you should consult an employment lawyer to verify if your job classification is legal.
Common Overtime Violations
Employers may engage in various illegal practices to avoid paying overtime wages, including:
- Misclassifying Employees: Labeling employees as “exempt” or independent contractors to avoid overtime obligations.
- Off-the-Clock Work: Asking employees to perform tasks before or after their scheduled shifts without compensation.
- Failure to Track Hours Accurately: Not keeping proper records of employees’ work hours.
- Illegal Comp Time: Offering compensatory time off instead of paying overtime wages (private-sector employers cannot legally do this).
- Rounding Hours: Adjusting time records in the employer’s favor, resulting in unpaid time worked.
How to Determine If You’re Owed Overtime Pay
Ask yourself the following questions to determine if your employer may owe you unpaid overtime:
- Do you regularly work more than 40 hours a week without receiving overtime pay?
- Are you classified as “exempt,” but your job duties don’t involve management or specialized professional skills?
- Does your employer require you to perform work-related tasks off the clock?
- Are your time records frequently altered without explanation?
What to Do If You’re Owed Unpaid Overtime
If you believe you’ve been denied rightful overtime pay, follow these steps to protect your claim:
- Document Your Hours: Keep detailed records of the hours you’ve worked, including dates, times, and specific tasks.
- Review Your Pay Stubs: Compare your time records with your pay stubs to identify discrepancies.
- Report Internally (if safe): If you feel comfortable, raise the issue with your employer or HR department.
- Consult an Employment Lawyer: An experienced attorney can help you understand your rights, gather evidence, and pursue legal action if necessary.
How an Employment Lawyer Can Help
Unpaid overtime cases can be complex, especially when employers dispute the hours worked or claim exemptions. An employment lawyer can:
- Evaluate your case to determine if wage violations occurred
- Help you gather evidence, including timesheets, pay stubs, and witness statements
- File a claim with the New Jersey Department of Labor or pursue legal action in court
- Negotiate settlements to recover unpaid wages, liquidated damages, and attorney’s fees
- Represent you in court if your case proceeds to litigation
Why Choose Castronovo & McKinney?
When you’ve been denied fair wages, you need attorneys committed to Protecting Your Rights. Castronovo & McKinney, LLC has extensive experience representing employees in unpaid overtime cases throughout Egg Harbor Township and New Jersey. Their legal team is dedicated to holding employers accountable and ensuring workers receive the compensation they deserve.
Take Action Today—Don’t Let Unpaid Overtime Go Unchallenged
If you believe you’re owed unpaid overtime, don’t hesitate to seek legal assistance. An experienced employment lawyer can help you recover your lost wages and fight for the justice you deserve.
Contact Information
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
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