Wage And Hour Law FAQs
What counts as work time?
Work time is the number of hours an employee is required to be on duty for their employer – as well as any additional time worked over those regular requirements. In some cases, work time may also include job-related training, travel, lunches or time spent on-call. Overtime work often also counts as work time that an employee is paid.
What cheats do employers use to not pay overtime?
Any amount of time employees work over their typical working schedule entitles them to overtime pay. However, many employers do not want to pay their employees for overtime work. There are several ways employers may cheat their employees out of overtime pay, including:
- Asking employees to work “off the clock”
- Having employees waive their rights to overtime pay
- Misclassifying employees as nonexempt
- Limiting employees’ break time
- Altering work time records
Employees can take action to collect unpaid overtime.
What is the difference between an exempt and non-exempt employee?
Exempt employees are not entitled to overtime pay. Typically, exempt employees are paid more for the hours they work than nonexempt employees, who are entitled to overtime pay. However, employers may label employees as exempt to avoid paying them overtime.
How do I collect unpaid overtime?
You can file a wage claim with the New Jersey Department of Labor and Workforce Development. You also have the option of suing the employer who underpaid you in state court. Our attorneys at Costello, Mains & Silverman, LLC, can help employees explore their legal options to collect unpaid overtime.
What do I need to file an FLSA claim?
If you believe you were illegally denied wages, then you have the right to take legal action. You can file an FLSA claim for unpaid wages within two years of the violation for unintentional violations and three years for deliberate violations. For a successful claim, information about you, your job and how much you were paid is typically required. Our attorneys can help you collect the right information to begin your FLSA claim.
Talk To An Experienced Lawyer Today
Millions of families are affected by wage theft every year. Our attorneys are here to help fight for our clients’ rights. To begin your free initial consultation, call Costello, Mains & Silverman, LLC, at 866-944-3371 or contact us online to one of our experienced New Jersey employment law attorneys.