You work hard for your money. You put in the hours, you do the job, and you expect to be paid fairly and on time. So, when your employer fails to pay you for all the hours you’ve worked, denies you the overtime you’ve earned, or illegally deducts money from your paycheck, it is more than just frustrating—it is a form of theft. It is a betrayal of the basic bargain between an employer and an employee, and it can have a devastating impact on your financial stability. It can leave you feeling angry, cheated, and powerless.
If your employer is not paying you what you are owed, you are not alone. Wage theft is a widespread problem that affects millions of workers in New Jersey and across the country. But you do not have to accept it. New Jersey has strong laws designed to protect workers from wage theft, and there are powerful remedies available to help you recover your stolen wages. At Savo, Schalk, Corsini, Warner, Gillespie, O’Grodnick & Fisher, we are aggressive advocates for workers who have been the victims of wage and hour violations. We can help you fight back and get the money you have earned.
What Is Wage Theft?
Wage theft occurs whenever an employer fails to pay an employee the full wages they are legally entitled to. It can take many forms, some of which are more obvious than others. Some of the most common forms of wage theft include:
- Unpaid Overtime: Requiring you to work more than 40 hours in a week but not paying you time-and-a-half for the overtime hours.
- Off-the-Clock Work: Requiring you to work before you clock in or after you clock out, or during your unpaid meal breaks.
- Minimum Wage Violations: Paying you less than the legally mandated minimum wage.
- Illegal Deductions: Taking money out of your paycheck for reasons that are not permitted by law.
- Employee Misclassification: Illegally classifying you as an independent contractor to avoid paying overtime and other benefits.
- Not Paying for All Hours Worked: Simply failing to pay you for all the time you have put in.
- Tip Theft: An employer illegally keeps a portion of the tips that you have earned.
These practices are not just unfair; they are illegal. The federal Fair Labor Standards Act (FLSA) and the New Jersey Wage and Hour Law provide strong protections for workers and impose significant penalties on employers who violate them.
What to Do if You Are a Victim of Wage Theft
If you suspect that your employer is stealing your wages, it is important to take action. Here are the steps you should take:
- Track Your Hours: Keep your own detailed record of the hours you work each day. This can be a crucial piece of evidence if you need to file a claim.
- Review Your Paystubs: Carefully review your paystubs to ensure that you are being paid for all your hours and at the correct rate. If you are not receiving pay stubs, that is a violation of the law in itself.
- Complain to Your Employer: If you feel comfortable doing so, you can try to resolve the issue by talking to your supervisor or HR department. Put your complaint in writing and be specific about the wages you believe you are owed.
- Contact an Attorney: The most effective way to fight wage theft is to consult with an experienced employment law attorney. An attorney can help you understand your rights, calculate the full amount of wages you are owed, and take legal action to recover them.
The Powerful Remedies for Wage Theft in New Jersey
New Jersey has one of the strongest anti-wage theft laws in the country. If you can prove that your employer has committed wage theft, you may be entitled to recover not only your unpaid wages, but also “liquidated damages.” This means that you can be awarded double the amount of your unpaid wages. For example, if your employer owes you $5,000 in unpaid overtime, you could be awarded $10,000.
In addition, if you win your case, your employer can be required to pay your attorney’s fees and costs. This is a critical provision that allows employees to pursue wage theft claims without having to pay for a lawyer out of their own pocket. At our firm, we often handle wage theft cases on a contingency fee basis, which means that we only get paid if we win your case.
You Worked for It. You Earned It. We’ll Help You Get It.
Your paycheck is your lifeline. It is how you provide for yourself and your family. When an employer steals your wages, they are stealing your security and your peace of mind. It is a profound injustice that should not be tolerated. You have the right to be paid for every minute of your hard work.
At our firm, we are passionate about fighting for the rights of workers and holding employers accountable for wage theft. We are not afraid to take on even the biggest companies to get our clients the money they are owed. We have the experience and the resources to get results.
If you are a victim of wage theft, do not wait to get the help you need. Contact us today for a free and confidential consultation. Let us help you fight for the wages you have rightfully earned.
Frequently Asked Questions (FAQ)
Q: I am a salaried employee. Am I still entitled to overtime?
A: It depends. Simply being paid a salary does not automatically exempt you from overtime. To be exempt, your job duties must meet specific legal criteria. Many employers misclassify employees as exempt to avoid paying overtime. An attorney can analyze your job duties to determine if you have been misclassified.
Q: I’m an undocumented worker. Can I still file a wage theft claim?
A: Yes. The wage and hour laws protect all workers, regardless of their immigration status. Your employer cannot use your immigration status as an excuse not pay you the wages you have earned.
Q: I’m afraid my boss will fire me if I complain about not being paid. What can I do?
A: It is illegal for your employer to retaliate against you for filing a wage theft claim or for complaining about unpaid wages. If you are fired or otherwise punished for asserting your rights, you will have a separate and very strong claim for unlawful retaliation.