Wage and hour violations are among the most common employment law issues in New Jersey. Many employees are underpaid, denied overtime, or misclassified as independent contractors—often without realizing their employer is violating the law.
New Jersey has some of the strongest wage protection laws in the country. Understanding your rights is essential before accepting an employer’s explanation or signing off on incorrect pay practices.
Common Wage and Hour Violations in New Jersey
Employers may violate wage laws in many ways, including:
- Failure to pay overtime
- Misclassifying employees as independent contractors
- Requiring off-the-clock work
- Paying below minimum wage
- Improper tip practices
- Altering or failing to provide accurate pay records
These violations often affect hourly workers, salaried employees, and gig workers alike.
New Jersey Overtime Laws
Most New Jersey employees are entitled to overtime pay at 1.5 times their regular rate for hours worked over 40 in a workweek.
Employers frequently violate overtime laws by:
- Paying a flat salary to avoid overtime
- Improperly classifying workers as exempt
- Failing to count all hours worked
Being paid a salary does not automatically make an employee exempt from overtime.
Off-the-Clock Work and Unpaid Time
Employers must pay for all hours worked, including:
- Pre-shift and post-shift tasks
- Required training
- Time spent responding to work communications
- Mandatory meetings
Requiring employees to work without pay violates New Jersey wage laws, even if the time seems minimal.
New Jersey Wage Theft Act
The New Jersey Wage Theft Act provides strong protections for employees and harsh penalties for employers.
Under the law, employees may recover:
- Unpaid wages
- Liquidated damages (up to 200% of unpaid wages)
- Attorneys’ fees and costs
The law also extends the time employees have to pursue wage claims.
Employer Retaliation Is Illegal
Employers are prohibited from retaliating against employees who:
- Ask about unpaid wages
- File wage complaints
- Participate in wage investigations
- Assert their legal rights
Retaliation may include termination, reduced hours, discipline, or threats. These actions may create additional legal claims.
What to Do If You Are Not Being Paid Properly
If you believe your employer violated wage laws:
- Keep copies of pay stubs and schedules
- Track hours worked independently
- Save written communications
- Do not resign without legal advice
- Speak with a New Jersey employment lawyer
Early action helps preserve evidence and protect your rights.
How a New Jersey Employment Lawyer Can Help
An employment attorney can:
- Review pay practices and classification
- Calculate unpaid wages and damages
- Handle employer communications
- File wage and hour claims
- Protect you from retaliation
Many wage claims are resolved without trial, but strong legal positioning matters.
Frequently Asked Questions
What is considered wage theft in New Jersey?
Wage theft includes unpaid overtime, minimum wage violations, off-the-clock work, and misclassification.
Can salaried employees receive overtime?
Yes. Salary alone does not determine exemption. Job duties and pay structure matter.
How long do I have to file a wage claim in New Jersey?
The statute of limitations depends on the claim, but the Wage Theft Act extends employee protections.
What is the ABC test for independent contractors?
It is New Jersey’s legal standard to determine whether a worker is properly classified as an independent contractor.
Can my employer retaliate if I complain about pay?
No. Retaliation for asserting wage rights is illegal under New Jersey law.
Speak With a New Jersey Employment Lawyer
If you are not being paid properly or believe your employer violated New Jersey wage laws, you may be entitled to compensation.
Steinberg Law, LLC represents employees throughout New Jersey in wage and hour disputes, including overtime, misclassification, and wage theft claims.
Contact us today to discuss your rights.