Your paycheck should reflect the work you actually perform. Yet wage and hour violations remain one of the most common employment law issues in New Jersey. From unpaid overtime to unequal pay for substantially similar work, compensation disputes can significantly impact your financial stability and long-term career growth.
Castronovo & McKinney, LLC represents employees throughout New Jersey in wage and hour matters, helping workers recover compensation they have lawfully earned. Understanding your rights under both federal and state law is essential if you suspect your employer is not paying you properly.
Unpaid Overtime: What the Law Requires
Under the Fair Labor Standards Act (FLSA) and New Jersey wage laws, most non-exempt employees must be paid overtime—typically one and one-half times their regular rate—for hours worked beyond 40 in a workweek.
Common overtime violations include:
- Requiring employees to work “off the clock”
- Misclassifying employees as exempt from overtime
- Failing to include bonuses or commissions in overtime calculations
- Improperly labeling workers as independent contractors
Employers sometimes assume that paying a salary automatically exempts an employee from overtime. In reality, exemption depends on specific job duties and salary thresholds—not just how the employee is paid.
Equal Pay Protections in New Jersey
New Jersey’s Diane B. Allen Equal Pay Act strengthens protections against wage discrimination. The law prohibits employers from paying employees of a protected class less than others for performing substantially similar work, when viewed as a composite of skill, effort, and responsibility.
Wage disparities can be based on gender, race, age, disability, and other protected characteristics. Employers may only justify pay differences based on legitimate, non-discriminatory factors such as seniority, merit, or measurable productivity systems.
If you believe you are being underpaid compared to similarly situated coworkers, consulting Equal Pay | Unpaid Overtime counsel can help evaluate whether the wage gap violates New Jersey law.
Red Flags That Warrant Review
Employees often discover wage issues gradually. Warning signs may include:
- Consistently working more than 40 hours without overtime pay
- Job duties that resemble non-exempt roles despite “manager” titles
- Learning that coworkers in similar roles earn significantly more
- Being told not to record certain hours worked
Carefully tracking your hours and maintaining copies of pay stubs and employment agreements can provide critical evidence if a dispute arises.
Employer Defenses and Misclassification
One of the most common wage violations involves employee misclassification. Employers may classify workers as exempt executives or administrators even when their primary duties do not meet legal requirements. Others may label workers as independent contractors despite exercising significant control over their schedules and responsibilities.
Misclassification can result in lost overtime pay, unpaid taxes, and denied benefits. A detailed legal analysis of job duties and compensation structure is necessary to determine whether classification decisions comply with the law.
Recovering Unpaid Wages
Employees who prevail in wage claims may be entitled to recover unpaid wages, liquidated damages, interest, and in some cases attorneys’ fees. Importantly, the law also prohibits retaliation against employees who assert wage and hour rights.
Castronovo & McKinney, LLC provides focused employment law representation to workers across Bergen County, Essex County, Middlesex County, Morris County, and throughout New Jersey. The firm evaluates compensation disputes, negotiates with employers, and pursues litigation when necessary to protect employee rights.
Contact Castronovo & McKinney, LLC
Address: 71 Maple Ave, Morristown, NJ 07960, United StatesEmail: [email protected]Phone: 973-920-7888Hours: Monday–Friday: 9 AM to 6 PM
If you believe you are not being paid fairly for your work, contact Castronovo & McKinney, LLC to schedule a consultation and discuss your wage and hour rights under New Jersey law.