A New Jersey unpaid overtime lawsuit may be an option for eligible employees who work overtime and are not paid for the hours that they work beyond a normal workweek. If an employee believes that they have not received the overtime compensation they are due, a New Jersey unpaid wages lawyer may be able to help them recover damages he or she deserves.
For more information, contact Attorney Group for New Jersey today. Our consultations are free, confidential and without any obligation on your part. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated New Jersey unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
Overtime consists of the hours worked in addition to the standard 40-hour workweek. Eligible employees are compensated for working overtime at the rate of one and one-half their regular rate of pay for time worked in excess of 40 hours.
Who is Eligible for Overtime Pay?
Under the Fair Labor Standards Act (FLSA), all “nonexempt” employees are eligible for overtime compensation. Hourly and salaried employees who earn less than $455 per week ($23,600 per year) are considered nonexempt.
Under the FLSA, there are exemptions to the overtime provisions. Common exemptions include:
- Employees who perform executive, administrative, or professional job duties
- Computer-related occupations
- Outside sales employees
- Highly-compensated employees who earn more than $100,000 annually
- Seasonal employees
- Farmworkers who work on small farms
In May 2016, the DOL issued its final ruling in which regulations overseeing overtime pay were updated, potentially affecting over 4 million workers in the U.S. within the first year of implementation. Under the new provisions, nonexempt workers making less than $913 per work week (as opposed to $455 per week under the old rule) would be eligible to receive overtime pay. However, on November 22, 2016, the U.S. District Court for the Eastern District of Texas granted a preliminary injunction of the rule. In response to the injunction, the Department of Justice filed a notice to appeal the preliminary injunction on behalf of the DOL.
Do I Get Overtime If My Employer Calls Me an Independent Contractor?
An independent contractor is a person or entity who runs their own business and provides goods or services to other businesses. Independent contractors are not considered employees and are not covered by the overtime provisions in the FLSA.
Factors considered when determining whether an employment relationship exists under the FLSA include:
- The extent to which the work performed is an integral part of the employer’s business
- Whether the worker’s managerial skills affect his or her opportunity for profit and loss
- The relative investments in facilities and equipment by the worker and the employer
- The worker’s skill and initiative
- The permanency of the worker’s relationship with the employer
- The nature and degree of control by the employer
Although independent contractors do not receive the benefits a normal employee would, an employer cannot call someone an independent contractor to evade paying benefits to their employees. If an employee thinks that they are being misclassified as an independent contractor, they may be able to file an unpaid overtime lawsuit and seek compensation for back wages.
Unpaid Overtime Lawsuits
Each year investigators from the U.S. Department of Labor (DOL) Wage and Hour Division discover violations of the overtime protections of the FLSA, and dozens of unpaid overtime lawsuits are filed across the U.S. In many cases, workers are mislabeled as independent contractors, denying employees their rights to essential benefits and protections, including overtime compensation.
According to a motion filed against the ride-share company Uber with the Judicial Panel of Multidistrict Litigation in December 2015, determinations in California and Oregon discovered that the claimants were eligible to receive unpaid wages and repayment of expenses based on their status as employees.
What Are My Options When I’m Not Paid Overtime That I’m Owed?
Workers who have been unlawfully denied overtime pay may be eligible to file a New Jersey unpaid overtime lawsuit with the help of an unpaid wages lawyer in addition to being able to pursue a claim through the DOL. In those cases, the employee can seek compensation for back wages not paid by the employer and liquidated damages in an amount equal to the unpaid back wages.
How a New Jersey Unpaid Overtime Lawsuit Can Help
Federal law, and many state laws, require employers to pay employees for overtime at a rate of not less than 1.5 times their regular rate of pay. These same laws protect underpaid workers from retaliation if they pursue a claim, and an unpaid wages lawyer can help an employee recover the compensation he or she deserves.
The Time You Have to Pursue a Claim is Limited. Contact Us Today.
For more information, contact Attorney Group for New Jersey. You can fill out the form on this page or contact us by phone or email.
After you contact us, an attorney will follow up to answer questions that you might have. There is no cost or obligation to speak with us, and any information you provide will be kept confidential.
Please note that the law limits the time you have to pursue a claim or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.
