New Jersey workers are entitled to get overtime pay for the hours they work beyond their 40-hour weekly work. But some employers have unfair labor practices that include not paying for their employees’ overtime or not paying FLSA overtime by classifying workers as exempt workers or independent contractors. Employees who believe they must get overtime pay must speak with an attorney who can help them file a claim for unpaid overtime. They can file a complaint with the New Jersey Department of Labo and Workforce Development (NJDOL).
Filing an Unpaid Overtime Claim
If you think the company is not paying you for overtime, you can file a complaint with the NJDOL. You have 6 years from the date of the violation to file. Your attorney can help you complete the Wage Complaint Form of the agency and mail or email it to the Division of Wage and Compliance (DWC). Also, you can file a claim anonymously and give sufficient information when reporting your employer.
Within ten years after you submitted the claim, the agency will acknowledge it through a notification and give you a claim number. You must remember this number and be prepared to give it when the Division of Wage and Compliance contacts you.
Then, the NJDOL will review your claim to confirm the jurisdiction of the DWC. Depending on why you file a claim, the agency may assign a field investigator to handle it. Once the investigation is completed, the agency will let you know about the results. Should the investigation find out that you are owed overtime pay, the agency will notify our employer.
Under federal law, employers in New Jersey should pay their workers 1.5 times their normal hourly pay if they work in excess of 40 hours in a work week. Failure to comply with such law is a violation of the FLSA. Violators must pay a worker back wages for the amount they are owed.
However, employers do not usually compensate their workers properly for working overtime. They may not calculate hourly wages accurately or count the hours a worker has worked. Others misclassify workers as exempt from overtime.
In addition, a lot of workers do not know when they are owed overtime-related compensation. Usually, employers will take advantage of this by claiming they average out overtime pay over a period of two weeks. But this is not lawful and a violation of employee rights. if you think you deserve overtime compensation, speak with an attorney as soon as possible.