Wage and Hour Laws
Your Entitlement to Overtime Pay
Under the federal Fair Labor Standards Act (FLSA) and New Jersey or New York wage and hour laws, unless you fit into an exempt category, you probably are entitled to be paid overtime if you worked more than 40 hours in a week. Those employees are entitled to time-and-a-half pay for every hour they work over 40 hours in a work week. While many employees do not realize it, you can even be entitled to overtime pay if you are paid an annual salary.
Your Right to Minimum Wage
Similarly, many employees are entitled to receive at least minimum wage. The minimum wage in both New Jersey and New York is currently $7.25 per hour. Whether you are paid by the hour or receive a salary, unless an exception applies, your company must pay you at least $7.25 per hour for every hour you work. For example, this usually means that if you are paid by the hour, your company cannot ask, require, or allow you to work off the clock, or to work during an unpaid lunch hour or other break.
Am I Protected By Overtime and Minimum Wage Laws?
Many employers take advantage of the fact that it can be complicated and confusing to figure out if you are exempt from overtime and minimum wage laws. The categories of employees who are exempt from overtime and minimum wage requirements are very specifically and fairly narrowly defined. You should contact an experienced employment lawyer if you are not sure whether these important rights apply to you.
Wage and Hour Law Class and Collective Actions
The employment law attorneys at The Nirenberg Law Firm have handled numerous class and collective actions against companies that have denied minimum wage and overtime pay to whole groups or categories of employees. Frequent victims of wage and hour violations include assistant managers, shift supervisors, loan officers, nurses, janitors, waiters, waitresses, bartenders, cooks, service technicians, and salespeople. If you believe your company is not paying you or your colleagues the wages you have earned, then you should contact us online, or call us at 201 487-2700 to discuss your legal rights.