Wage and Hour Disputes: What Employees Need to Know
Every employee deserves fair pay for their work. Unfortunately, wage and hour violations—such as unpaid overtime, misclassification, and withheld wages—are common issues many workers face. Knowing your rights and recognizing these violations is essential to ensure you receive the compensation you are entitled to under the law.
What Are Wage and Hour Violations?
Wage and hour disputes arise when employers fail to comply with federal or state labor laws. Common violations include:
- Unpaid Overtime: Employers refusing to pay time-and-a-half for hours worked over 40 in a week.
- Misclassification: Incorrectly classifying employees as exempt from overtime or as independent contractors.
- Failure to Pay Minimum Wage: Paying below the federal or state minimum wage.
- Withholding Wages: Delaying or failing to pay employees for work performed.
- Denied Breaks: Failing to provide legally required meal and rest breaks.
These practices not only harm employees financially but also violate federal and state labor laws, such as the Fair Labor Standards Act (FLSA) and New Jersey wage laws.
How to Recognize Wage and Hour Violations
Many employees are unaware of their rights or hesitant to question their employer’s practices. Signs of wage and hour violations include:
- Not receiving overtime pay despite working more than 40 hours per week.
- Being classified as an independent contractor but treated as an employee.
- Being paid less than the state or federal minimum wage.
- Not receiving pay for all hours worked, including preparation or cleanup time.
- Denied meal breaks or rest periods that are required by law.
If you experience any of these issues, it’s important to document your hours worked, pay stubs, and any relevant communications with your employer.
Your Legal Protections
Federal and state laws protect employees from wage theft and unfair labor practices. Key protections include:
- Fair Labor Standards Act (FLSA): Establishes minimum wage, overtime pay, and recordkeeping requirements.
- New Jersey Wage and Hour Law: Sets additional protections for employees in New Jersey, including higher minimum wage rates and strict overtime rules.
- Retaliation Protections: Employers are prohibited from retaliating against employees who report wage violations or file claims.
Violations of these laws can result in penalties for employers and compensation for affected employees, including back pay and damages.
What to Do If You Face Wage and Hour Violations
If you suspect your employer has violated wage and hour laws, follow these steps to protect your rights:
- Document Your Hours: Keep a detailed record of your work hours, pay stubs, and any communications about your wages.
- Report the Issue: Bring the issue to your employer’s attention, if possible, through HR or management.
- File a Complaint: Submit a claim with the U.S. Department of Labor or the New Jersey Department of Labor and Workforce Development.
- Consult an Employment Lawyer: An experienced attorney can evaluate your case, gather evidence, and help you seek compensation for lost wages and damages.
How Castronovo & McKinney Can Help
Castronovo & McKinney, LLC specializes in representing employees in wage and hour disputes. Our experienced attorneys can:
- Investigate your claims and gather evidence of wage violations.
- Negotiate with your employer to recover unpaid wages and benefits.
- File claims with federal or state agencies to hold your employer accountable.
- Represent you in court to ensure you receive the compensation you deserve.
With a proven track record of successfully advocating for employees, our firm is dedicated to fighting for your rights and ensuring fair treatment in the workplace.
Get the Pay You Deserve
Don’t let wage and hour violations go unchallenged. Contact Castronovo & McKinney, Wage and Hour Attorneys today for a consultation. Let us help you recover your unpaid wages and protect your rights as an employee.
