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Wage and hour attorneys in New Jersey help employees who have been shorted pay, misclassified as an independent contractor or exempt employee, or otherwise experienced an issue with their paychecks that violated wage and hour laws. It is illegal to try to use employee pay as a method to save money on taxes or other expenses. For the past 25 years, the experienced attorney at the Derek Smith Law Group have helped victims of wage and hour violations receive the compensation they deserve.
Wage and hour violations in New Jersey exist when an employer is not paying an employee minimum wage, misclassifying an employee as an independent contractor, denying payment of overtime to employees working over 40 hours per week, and finding other ways to cut employee pay and expenses to save money. These actions are illegal and should never be tolerated.
Both federal and state laws protect New Jersey employees from wage and hour violations.
Under the Fair Labor Standards Act (FLSA), employees must be paid for all time worked, paid overtime rates, receive no less than minimum wage, and receive proper recordkeeping of all their hours worked and pay.
New Jersey has a state law known as the Wage & Hour Law. This law provides the same protections as the FSLA and sets New Jersey’s minimum wage at $10 per hour for most employees as of July 2019.
Wage and hour violations can include several issues that relate to employee pay and benefits eligibility. Some examples of these violations may include:
Not everyone is entitled to protections under wage and hour laws. In New Jersey, there are several categories of employees that are not provided minimum wage or overtime protections. These include:
If you are filing a claim under New Jersey’s Wage & Hour Law, you have a time limit of 6 years to file a complaint with the New Jersey Department of Labor (NJDOL). The NJDOL will investigate to determine that the Division of Wage and Hour Compliance has the right to proceed over the case.
Under the FSLA, you have 2 years to file a complaint with eth Department of Labor or 3 years if it can be proved that the employer acted intentionally.
In addition, if the NJDOL does not think you have a case for the Division of Wage and Hour Compliance, you will still be able to receive owed wages up to $30,000. Anything over $30,000 in these cases is forfeited.
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Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial
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It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
Wage and hour cases in New Jersey can take anywhere from 30 days to a few months or even a year. If the case is filed with the NJCOL, the case may take 30 days to 6 months or more to investigate, depending on the details of the case and the evidence available.
If the lawsuit is filed in court, the employer may be willing to negotiate a fair settlement before it reaches trial. If this is the case, the lawsuit will be over within 4 to 6 months. If the employer insists on going to trial, the case may not settle for a year or more, depending on the complexity of the case.
If you have been the victim of wage and hour violations, you may be wondering how to proceed and whether you want to go through the process. This is understandable and can be a big decision. However, here are some things you can do immediately while you make your decision.
Employees work hard and are entitled to proper compensation for their efforts. No employee should need to worry if their paycheck is going to be shorted because their employer is trying to save money wherever he can.
And no employee should be denied benefits because he or she is incorrectly classified. If you are the victim of wage and hour violation in New Jersey, the experienced attorneys at the Derek Smith Law Group can help.
Contact us today at (973) 388-8625 for a free consultation. We do not collect any money until you win your case.
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