What if I’m paid every other week, and I worked more than 40 hours one week and less than 40 hours the next week? Is my employer right in saying I am not eligible for overtime because I worked only a combined 80 hours?

No, your employer is not right. Overtime hours are based on hours worked per week, not hours worked per pay period. Because of this, if you worked 60 hours in one week and 20 hours in the next week, you are entitled to 20 hours’ worth of overtime pay for the first week even though your total combined hours for the two week period did not exceed 80 hours.

What happens if I file a claim with the New Jersey Department of Labor?

The NJDOL will investigate your claim and determine whether your employer owes you compensation. If the investigation is resolved in your favor, the NJDOL notifies the employer of the amount owing, which the employer can pay to you or to the NJDOL, which will send the payment to you. If the investigation is unfavorable, we can appeal through a wage collection proceeding if the amount owed to you is less than $30,000. Our wage and hour lawyers can walk you through other options that may be available based on the specific facts of your case.

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New Jersey Wage & Hour Lawyers

Wage & Hour Violation Attorneys in Moorestown, NJ: Clocking in for Justice Against Wage and Hour Violations in Burlington County, Camden County, Gloucester County, and Throughout South Jersey

You work hard to make a living and should expect to be paid fair compensation for the time and effort you put in on the job. Unfortunately, many employers fail to abide by the detailed laws developed by both New Jersey and the federal government to protect workers from wage and hour violations. Although it may seem difficult to take action to protect your rights when your employer violates wage and hour laws because your employer essentially controls your right to earn a living, a skilled wage and hour lawyer can advocate on your behalf to hold employers responsible for these violations and ensure that you receive the compensation you deserve.

At Attorneys Hartman, Chartered, our experienced wage and hour lawyers have an in-depth knowledge of both the state and federal laws that apply to wage and hour claims in New Jersey. We can evaluate what happened in your case and gather the evidence necessary to file a claim with the New Jersey Department of Labor and Workforce Development or the federal Department of Labor. Because this process can be complex, it is important to have a skilled wage and hour lawyer by your side to ensure that your claim is complete. We have over fifty years’ collective experience successfully helping clients resolve wage and hour disputes in Camden County and elsewhere in New Jersey, so call or contact our offices today to set up a free case evaluation.

Examples of Wage and Hour Claims We Handle

Our experienced Burlington County wage and hour lawyers have a detailed understanding of both the state and federal laws that apply to protect workers from employers that fail to pay their rightful compensation. We handle all types of wage and hour claims, including:

Violations of minimum wage laws
Failure to pay overtime in accordance with legal requirements
Employee misclassification, whether as being exempt from overtime rules or independent contractor misclassifications
Cases where an employer requires employees to work off the clock
Failure to provide final payments after separation from employment
Cases where an employer has made unauthorized deductions from your paycheck

While most wage and hour violations quickly become obvious when you do not receive the compensation to which you are rightfully entitled, others are more subtle. For example, when an employer improperly classifies you as an independent contractor, rather than an employee, the financial consequences can be serious even though you are paid the wages the employer promised to pay. For example, you will be required to pay the self-employment tax, and you will be excluded from workers’ compensation and overtime laws.

Skilled Moorestown Wage and Hour Lawyers Hold Employers Accountable for Violating State and Federal Laws Governing Employee Compensation

Both New Jersey state law and the federal Fair Labor Standards Act (FLSA) require employers to abide by certain rules governing payment of overtime and payment of minimum wages. The FLSA requires:

Payment of minimum hourly wages of at least $7.25 per hour,
Payment to non-exempt employees overtime wages equal to 1.5 times their normal wages for hours worked in excess of 40 hours per week,
Employers to know the difference between exempt and non-exempt employees,
Employers to keep detailed records of hours worked by employees.

Exempt workers are those who occupy certain executive, administrative or management positions or those who earn a certain level of income per week. Despite the federal requirements, employers in New Jersey are also required to comply with state-level rules that often provide for more generous employee compensation. As of January 1, 2019, for example, New Jersey’s minimum hourly wage increased to $8.85 per hour and, on July 1, 2019, the minimum wage increased to $10 per hour. By 2024, New Jersey’s minimum wage is set to increase to $15 per hour. New Jersey employers must comply with these minimum wage requirements unless:

The employee works for tips, in which case the hourly wage plus tips should equal the minimum wage,
The employee is a car salesperson or an outside salesperson,
The employee is under the age of 18, unless working in certain occupations, including, for example, food service, retail, light manufacturing.

Call Attorneys Hartman, Chartered for a Free Case Evaluation with Our Trusted Marlton Wage and Hour Lawyers

If your employer has violated your rights by failing to pay the compensation to which you are rightfully entitled, our experienced Marlton wage and hour lawyers can help. We know how financially difficult it can be to get by when your employer is taking advantage of you by failing to pay full compensation for your work. To schedule a free initial case evaluation with our wage and hour lawyers, call or contact our offices today.

Frequently Asked Questions About Wage and Hour Cases in Cherry Hill, NJ

The NJDOL will investigate your claim and determine whether your employer owes you compensation. If the investigation is resolved in your favor, the NJDOL notifies the employer of the amount owing, which the employer can pay to you or to the NJDOL, which will send the payment to you. If the investigation is unfavorable, we can appeal through a wage collection proceeding if the amount owed to you is less than $30,000. Our wage and hour lawyers can walk you through other options that may be available based on the specific facts of your case.

Meet Your Team

Katherine D. Hartman, Esquire

Katherine D. Hartman is the Managing Partner in the Moorestown, New Jersey law office of Attorneys Hartman, Chartered, which has been named one of America’s Best Law Firms by U.S. News and World Report. She concentrates her practice in employment discrimination, criminal defense, police disciplinary matters, and other employment law issues. Katie has been practicing law for over thirty years. She was admitted to the New Jersey and Pennsylvania Bars in 1991, the Eastern District of Pennsylvania in November of 1993, the Third Circuit Court of Appeals in November of 2002, and the Supreme Court of the United States in October of 2002.

Katie has been awarded the highest (AV) rating for professional ability and high ethical standards, by Martindale Hubbell. Additionally, Katie has consistently been voted a Super Lawyer by New Jersey Magazine. Super Lawyers is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations, and peer evaluations. She was named one of the Top Forty Lawyers under Forty by the New Jersey Law Journal in 2002.

Michael C. Mormando, Esquire

Michael C. Mormando has been practicing law for over twenty years, and is a Partner at Attorneys Hartman, Chartered. Mike is an active member in the Burlington County Bar Association, he is a former Chair of the Bar Associations’ Criminal Practice Committee, and he formerly served as a member of the Supreme Court of New Jersey District Ethics Committee for Burlington County, District III-B. Mike also served two years as Councilman for Ward 3 in Delran Township, having been elected to the post in the November 2018 general election, and he currently serves as the Chair of the Delran Township Zoning Board.

Mike’s areas of practice include criminal defense, DUI defense, traffic violation defense, employment law, discrimination and whistleblower cases, unemployment compensation appeals, labor representation for collective bargaining units, employment contract review and negotiations, and defense in police disciplinary matters. Mike is approved by the Fraternal Order of Police (FOP) as a lawyer who can represent law enforcement officers who face disciplinary or criminal charges. Mike also represents small business owners concerning employment issues.

Mark A. Gulbranson, Esquire

Mark A. Gulbranson, Jr., an attorney with Attorneys Hartman, Chartered, has been practicing law for nine years. Prior to joining Attorneys Hartman, Mark was a corporate associate in the gaming practice group of Fox Rothschild, where he represented clients in a range of corporate, regulatory, and real estate matters. Mark served as a judicial clerk for Justice Lee Solomon of the New Jersey Supreme Court, and for Judge George Leone, J.A.D., of the New Jersey Appellate Division.

Mark’s areas of practice include real estate transactions and related litigation, small business counseling and regulatory compliance, domestic violence matters, appellate advocacy, municipal court defense, employment law, discrimination and whistleblower cases, unemployment compensation appeals, employment contract review and negotiations, and defense in police disciplinary matters. Mark handles cases in the New Jersey Superior Court – Law and Appellate Divisions, the New Jersey Supreme Court, the United States District Courts for the Districts of New Jersey and the Eastern District of Pennsylvania, the Third Circuit Court of Appeals, the Office of Administrative Law, the New Jersey Department of Labor, the New Jersey Division of Civil Rights, the United States Equal Employment Opportunity Commission, and various municipal courts throughout New Jersey.