How an Employment Lawyer Can Help with Unpaid Wage Claims in New Jersey

Employees are entitled to be paid for the work they perform, but many workers in New Jersey and across the United States face issues with unpaid wages. Whether it’s unpaid overtime, unpaid minimum wage, or improperly deducted wages, employers may violate wage laws either intentionally or unintentionally. If you believe you have not been paid what you are owed, consulting with an experienced employment lawyer is crucial to protect your rights and recover the wages you are entitled to.

What Are Unpaid Wage Claims?

Unpaid wage claims arise when an employer fails to pay employees for the work they have performed. Common types of unpaid wage claims include:

• Unpaid Overtime: Employees who work more than 40 hours per week are entitled to overtime pay at a rate of at least one and a half times their regular hourly rate. Failing to pay overtime wages is a common violation.
• Unpaid Minimum Wage: Federal and state laws require employers to pay employees at least the minimum wage. If you are paid below the minimum wage, your employer is in violation of the law.
• Unpaid Break Time: Some employers fail to compensate employees for rest breaks or meal periods, especially if they require employees to work during breaks.
• Misclassification of Employees: Employers may misclassify employees as exempt from overtime or as independent contractors to avoid paying them overtime or other wages they are owed.
• Improper Deductions: Employers may illegally deduct wages for items such as uniforms, tools, or damage to equipment, when these costs should be covered by the employer.

If your employer has failed to pay you the wages you are entitled to, you have the right to take action and seek compensation for those unpaid wages. An experienced employment lawyer can help you recover those wages and ensure that your employer is held accountable for their actions.

Why You Need an Employment Lawyer for Unpaid Wage Claims

Unpaid wage claims can be complicated, especially when employers attempt to justify their actions or deny that wages are owed. An experienced employment lawyer can guide you through the legal process, help you gather evidence, and ensure that your claim is handled properly. Here’s how an employment lawyer can assist you with unpaid wage claims:

1. Evaluating Your Claim

The first step in any unpaid wage claim is determining whether you are owed wages. An employment lawyer will assess your case by reviewing your pay stubs, employment contract, job duties, and work hours. They will ensure that you are being properly compensated for all hours worked, including overtime, and that you have been classified correctly (i.e., exempt vs. non-exempt under the Fair Labor Standards Act).

2. Determining Eligibility for Overtime Pay

If you believe you have not been paid overtime, an employment lawyer will help you determine whether you qualify for overtime pay under the law. In many cases, employees are misclassified as exempt from overtime, even though they perform non-exempt job duties. Your lawyer will review your job responsibilities and determine whether you are entitled to overtime pay.

3. Gathering Evidence

To successfully pursue an unpaid wage claim, you need strong evidence. Your lawyer will help you gather all relevant documentation, including:

• Pay Stubs: These show your hourly rate, deductions, and the total amount paid.
• Time Records: Timecards, work logs, or other evidence showing the hours you worked, including overtime.
• Emails and Communications: Any emails or written communications between you and your employer discussing wages, hours, or other compensation-related matters.
• Employment Contract: If you have an employment contract, it may outline your pay rate and compensation structure.
• Witness Testimonies: Statements from colleagues who can attest to your hours worked and similar wage violations they may have faced.

Collecting and organizing this evidence is essential for building a strong case. Your lawyer will assist you in ensuring that you have all the necessary documentation to support your claim.

4. Filing a Complaint or Lawsuit

If you believe your employer owes you unpaid wages, your lawyer can help you file a wage claim with the U.S. Department of Labor (DOL) or the New Jersey Department of Labor and Workforce Development (DOLWD). These agencies investigate unpaid wage claims and can help you recover back wages, overtime, and other compensation you are owed. If the claim cannot be resolved through the agency, your lawyer can assist you in filing a lawsuit in court to recover unpaid wages, liquidated damages, and attorney’s fees.

5. Negotiating a Settlement

In many cases, unpaid wage claims can be resolved through settlement negotiations. Your lawyer will negotiate with your employer or their insurance company to secure a fair settlement that compensates you for the unpaid wages, overtime, and other damages. Employment lawyers are skilled negotiators who understand the value of your claim and will fight to get you the best possible settlement.

6. Representing You in Court

If a settlement cannot be reached, your lawyer will represent you in court. Unpaid wage claims often involve complex legal arguments and financial evidence. Your lawyer will guide you through the litigation process, present your case effectively, and advocate on your behalf to recover the wages you are owed. They will ensure that all legal procedures are followed and work to achieve the best possible outcome for your case.

Why Unpaid Wage Claims Are Challenging

Unpaid wage claims can be difficult to prove because employers often argue that the violations were unintentional or that the employee was misclassified. Additionally, employers may attempt to settle the matter for a small amount in an effort to avoid a lawsuit. Without the help of an experienced lawyer, it can be challenging to recover the full amount of unpaid wages. An employment lawyer will ensure that your rights are protected and that you receive the compensation you deserve.

What You Should Do If You Are Facing Unpaid Wage Violations

If you believe you are not being paid properly for your work, here are some important steps you should take:

• Document Your Hours Worked: Keep detailed records of the hours you worked, including overtime, and any communications with your employer regarding your wages.
• Review Your Pay Stubs: Ensure that your pay stubs reflect the correct wage rate, overtime, and deductions.
• Consult an Employment Lawyer: An employment lawyer can assess your case and help you determine whether you have a valid claim for unpaid wages.
• File a Complaint: If necessary, your lawyer can help you file a complaint with the appropriate state or federal agency to begin the process of recovering unpaid wages.

Taking prompt action will help you recover the wages you are owed and ensure that your employer is held accountable for their actions.

Why Choose Castronovo & McKinney?

Castronovo & McKinney, LLC is a trusted employment law firm in New Jersey with extensive experience handling unpaid wage claims. Our attorneys are dedicated to helping employees recover the wages they are entitled to, including unpaid overtime, minimum wage violations, and compensation for other wage-related issues.

We understand the financial stress that unpaid wages can cause, and we are committed to providing aggressive legal representation to help you recover the compensation you deserve. Whether through settlement or litigation, we will work tirelessly to ensure that your employer is held accountable for violating wage and hour laws.

Take Action to Recover Your Unpaid Wages

If you are facing unpaid wage violations, it’s essential to take immediate action to protect your rights. The sooner you consult with an experienced employment lawyer, the better your chances of recovering the wages you are owed. Contact Castronovo & McKinney, Employment Law Attorneys today to discuss your case and learn more about how we can help you recover your unpaid wages and fight for fair compensation.