Protecting the Rights
of Employees
of Employees
Wage and Hour Disputes
Helping New Jersey Employees Recover the Wages They Earned
When you put in the hours, you deserve to be paid for every minute of your work. Unfortunately, many New Jersey employees discover that their employers have failed to comply with federal and state wage and hour laws. At Rabner Baumgart Ben-Asher & Nirenberg, P.C., we represent workers in individual lawsuits as well as class and collective actions involving wage theft, overtime violations, minimum wage issues, retaliation, and other pay-related disputes.
Our Bergen County employment attorneys regularly pursue claims under the Fair Labor Standards Act (FLSA), the New Jersey Wage and Hour Law (NJWHL), and the New Jersey Wage Payment Law (NJWPL). We guide employees through each stage of the legal process to help them recover the compensation they earned and are legally entitled to receive.
Overtime Violations
Many employees are legally entitled to receive time-and-a-half for all hours worked beyond 40 in a workweek. Employers often misclassify workers as exempt to avoid paying overtime. Some employers also remove hours, alter time records, or discourage employees from accurately reporting all of their work time.
If you believe you were wrongfully denied overtime pay, our wage and hour attorneys can evaluate your job duties, compensation structure, and employer’s practices to determine whether you have a claim.
Minimum Wage Violations
Most New Jersey employees must be paid at least the state minimum wage for every hour worked. Violations often occur when employers require off-the-clock work, fail to pay for preparatory or closing duties, or apply incorrect rules to tipped employees.
We represent workers who have been denied full minimum wage compensation and can help you determine whether you fall into one of the limited exceptions to this requirement.
Wage Theft: Unpaid Salary and Other Wages
You are entitled to receive the full amount of salary, hourly wages and other compensation that you earned. When employers fail to pay workers for all hours worked, delay payment, or withhold compensation altogether, then you may have claims under the New Jersey Wage Payment Law (NJWPL) or a breach of contract claim. In some cases, you also may be able to recover additional damages, including liquidated damages and attorney’s fees.
Our firm handles disputes involving unpaid wages, unpaid overtime, unpaid bonuses, and unpaid commissions.
Retaliation for Wage Complaints
Wage and hour laws protect employees who speak up. It is unlawful for an employer to fire, discipline, demote, threaten, or harass someone because they complained internally about unpaid wages, filed a claim, or assisted another worker in asserting their wage rights.
If you raised concerns about pay practices and then experienced negative treatment, you may have a retaliation claim under federal or state law.
Paid and Unpaid Time Off
Vacation, sick time, and personal leave rules vary significantly from one job to another. New Jersey employers are required to provide a limited amount of sick leave to their employees, but other generally are not required to provide any additional paid time off. However, they must follow the policies they adopt. When employers deny accrued time off, fail to follow established policies, or penalize employees for using protected leave, legal remedies may be available.
We advise workers on their rights under New Jersey law and employer policies and pursue claims when employers violate those rights.
Speak With a New Jersey Wage and Hour Lawyer
If your employer has failed to pay you the wages you earned, denied you overtime, misclassified your position, or retaliated against you for asserting your rights, the Bergen County employment lawyers at Rabner Baumgart Ben-Asher & Nirenberg, P.C. can help. To speak with an experienced New Jersey wage and hour attorney, please call (201) 777-2250 or contact us online to schedule a consultation
Articles About Wage and Hour Law
For more information about your rights, we welcome you to read one of the following articles written by our New Jersey wage and hour lawyers on our New Jersey Employment Lawyer Blog:
- New Jersey Enacts Powerful New Wage & Hour Law Protections
- Overtime Exemptions Only Apply to Salaried Employees
- Is it a Bonus or is it a Tip: When Must Payments from Third Parties be Counted When Calculating Overtime Pay?
- Employees Not Entitled to Be Paid for Time Waiting for Mandatory Security Screening
- FLSA Prohibits Retaliation Against Employee Who Complained About Violation of State Wage and Hour Law
- When is an Individual Personally Liable for a Company’s Overtime Violations?
- Reducing Employee Hours in Response to Overtime Lawsuit Can Be Retaliatory
- New York Employees Can Prove Overtime Claim Even if They Falsely Recorded Working No Overtime
- New York Requires Employers to Provide Written Notice of Overtime Rate
- Court Approval Needed to Dismiss Overtime Lawsuit
- Third Circuit Finds Individual Owners and Successor Company Can Be Liable for Overtime Violations