Photo of the attorneys of Costello, Mains and Silverman, LLC

Advocates for NJ and PA
Workers & Their Families

Partners and Counsel of Costello, Mains & Silverman, LLC
  1. Home
  2.  » 
  3. Wage & Hour Laws
  4.  » New Jersey employees and contractors can recover unpaid wages

New Jersey employees and contractors can recover unpaid wages

On Behalf of | Nov 21, 2019 | Wage & Hour Laws |

There are two primary types of workers here in New Jersey and elsewhere in the country: contractors and employees. Both hourly and contract workers have different options available that they can pursue if they don’t get paid.


Companies that employ hourly workers are obligated to pay a fair wage under the Fair Labor Standards Act (FLSA).

Employees should begin collecting evidence of nonpayment early on. It’s important to hunt down your contract and/or employee handbook, which will generally disclose policies regarding pay. You should also identify whether your sick, regular pay or overtime pay isn’t being properly compensated. You should then reach out to your employer in writing, letting them know of your concerns.

While your employer should respond to your inquiry and rectify any errors, many don’t. You can either file a claim with the New Jersey employment agency or consult with an attorney to learn about the next course of action that you should take.

Independent contractors

One of the best courses of action that you can take if a company failed to pay you as per your contract is to send them a letter explaining your work product and the payment you expected to receive for it. If a company still doesn’t pay, then your only other option may be to take legal action against them by suing for what you’re owed in small claims court.

You may exhaust more in court costs and legal fees than you recover by filing a case in small claims court. If the company is insolvent or has any other people who have sued them, then there may be a slim chance of you ever seeing any money that you’re owed.

Nonpayment of wages can happen for many reasons. A company may be going bankrupt and not have enough money to pay its workers. An employee may be misclassified, and therefore, not appear to be entitled to receive overtime compensation when they really should be getting it. These are two of many reasons why employers or companies don’t pay.

It can put you in a difficult position to take legal action against your Burlington employer, especially if you’re looking to hold on to your job. An attorney can handle filing your claims for lost wages and overtime on your behalf so that you don’t have to.