Overtime pay is more than just extra money—it’s a legal right protected by both federal and New Jersey state law. Unfortunately, many employees don’t fully understand these protections or are wrongly denied the compensation they deserve. Whether due to misclassification, poor recordkeeping, or employer misconduct, unpaid overtime is a common issue in the workplace.
At NJ Employment Lawyers, LLC, we work with employees across New Jersey to recover unpaid wages and challenge illegal employer practices. If you’re putting in extra hours, you deserve fair compensation—and we’re here to ensure you get it.
What Is Overtime Pay?
Under the Fair Labor Standards Act (FLSA) and New Jersey labor laws, non-exempt employees must be paid 1.5 times their regular hourly wage for all hours worked over 40 in a workweek. While that sounds straightforward, many employers use tactics or excuses to avoid paying what is owed.
Some common violations include:
- Misclassifying employees as exempt or independent contractors
- Failing to count off-the-clock work, such as prep time or clean-up
- Requiring work during unpaid meal breaks or after hours
- Not paying for mandatory meetings or training sessions
Am I Entitled to Overtime?
Not all employees are eligible for overtime, but many are incorrectly told they’re exempt. The law bases overtime eligibility on job duties and pay structure—not job titles. Just because you’re labeled a “manager” or “salaried” does not automatically mean you are exempt.
If your job does not involve high-level decision-making or independent judgment and you are doing mostly routine work, you may be entitled to overtime regardless of your title. It’s important to review your job classification with an experienced employment attorney.
Recordkeeping and Wage Statements
Employers are required to keep accurate records of hours worked and wages paid. If your employer fails to provide pay stubs or time logs, this may be a red flag. You should keep your own records and document any inconsistencies. Even if you are paid a salary, your employer may still be required to track your hours if you’re non-exempt.
Can My Employer Force Me to Work Off the Clock?
No. Any time you are working, even if it’s before your official start time, during lunch, or after hours, you must be compensated. This includes tasks such as responding to emails, attending briefings, or setting up for your shift. If your employer encourages or requires this type of work but fails to pay for it, they may be violating wage and hour laws.
Filing an Overtime Pay Claim
If you’ve been denied overtime pay, you may be entitled to recover:
- Unpaid wages for all overtime hours
- Liquidated damages (double the unpaid wages)
- Attorney’s fees and legal costs
It’s crucial to act quickly—New Jersey has strict time limits for filing wage claims. In many cases, you must file within two years of the violation (three years for willful violations).
How We Can Help
At NJ Employment Lawyers, LLC, we help workers investigate wage violations and build strong legal claims. We’ll review your job duties, pay history, and employer policies to determine if your rights were violated. If so, we’ll work aggressively to recover the compensation you are owed—whether through negotiation, settlement, or litigation.
Conclusion
Working overtime should never mean working for free. If you suspect that you’ve been misclassified or denied the overtime pay you deserve, don’t wait. The law provides strong protections—and we’re here to make sure you benefit from them.
Overtime and Being Early to Work
Contact Information:
NJ Employment Lawyers, LLC
101 Eisenhower Pkwy #300
Roseland, NJ 07068
Phone: (973) 358-7027
