The Fair Labor Standards Act and New Jersey Wage and Hour Law require that employers compensate their non-exempt employees for all hours worked in excess of forty (40) hours per week. Companies often fail to pay any overtime for more than 40 hours of work per week.
Workers should be aware of their rights under these laws. You may be entitled to recover multiple years of double the back wages that your employer has failed to pay. Employees are entitled to bring actions on behalf of their co-workers in court.
Companies often fail to properly pay overtime wages to many categories of employees, including, but not limited to:
- Hospital Employees
- Medical Support Staff
- Public Sector Employees
- IT Help Desk Employees
- Computer/Network Maintenance & Repair Workers
- Bookkeepers/Junior Accountants
- Construction Workers
- Warehouse Workers
- Restaurant Workers
- Union employees
As previously stated, employers often do not pay the required amount of overtime even though they make some type of payment for overtime hours. Employers make frequent errors in calculating overtime payment including, but not limited to:
- Averaging hours over a two week period
- Not including all payments in calculating the overtime rate of pay
- Not paying overtime for all hours worked over 40 per week
- Not including time spent preparing for work (donning and doffing)
- Requiring employees to work through unpaid meal breaks
New Jersey and New York Labor Litigation Attorneys
If you have any questions about Labor Litigation, contact the attorneys at Mintz & Geftic for a free consultation.