Wage and Hour Disputes
New Jersey Wage and Hour Disputes Attorney
Denied Your Full and Fair Wages? Contact Our New Jersey Wage and Hour Lawyer for Immediate Help
Charles Z. Schalk is an experienced New Jersey wage and hour attorney. With a commitment to fighting for full and fair pay and benefits for employees, we have the knowledge and resources that you can trust. Mr. Schalk handles the full range of wage and hour claims—from minimum wage violations to unpaid overtime. If you were the victim of a wage and hour violation in New Jersey, we can help. Contact our New Jersey wage and hour dispute lawyer today at (908) 526-0707 for a fully confidential, no obligation initial appointment.
We Handle All Types of Wage and Hour Disputes in New Jersey
Wage and hour law refers to the regulations that govern the payment of wages. Federal and New Jersey laws set standards for minimum wage, overtime pay, recordkeeping, and other matters. Regulations are designed to protect employees. Charles Z. Schalk handles the full spectrum of wages and hour disputes. Along with other types of wages and hour cases, our New Jersey employment attorney has experience with:
- Unpaid Overtime: Non-exempt hourly workers are entitled to additional pay for overtime hours. If a worker in New Jersey does not receive the legally mandated overtime pay for hours worked beyond the standard workweek, they may be entitled to back wages. In New Jersey, overtime is time-and-a-half pay for more than 40 hours in a given workweek.
- Minimum Wage Violations: A minimum wage violation happens when a worker is paid less than the required minimum wage set by state law. Notably, the New Jersey minimum wage is higher than the federal requirement.
- Illegal Deductions: These cases involve employers making unauthorized or illegal deductions from employees’ paychecks. Some notable examples include deductions for uniforms, tools, or workplace damage without the proper authorization. You may have a claim for compensation through a wage and hour dispute for illegal deductions.
- Meal/Rest Break Violations: In New Jersey, employers of hourly workers must meet certain basic wage and hour standards for meal breaks and rest breaks. If they violate these regulations, they can be held liable through a wage and hour dispute.
- Failure to Pay Last Paycheck: When an employer does not pay an employee’s final paycheck promptly after employment ends, that is a violation of the law. In New Jersey, a final paycheck needs to come on the departed worker’s regular pay date—and no later.
- Employee Misclassification: Many workplace protections are tied to a person’s status as an “employee.” Misclassification is the incorrect categorization of an employee as independent contractors. It often happens in order to avoid paying benefits. It is legally actionable. If you were misclassified as an independent contractor, you may have a claim.
Know the Law: FLSA and New Jersey State Law
Wage and hour issues are regulated by both federal law and state law. The most important Federal law is the Fair Labor Standards Act (FLSA). The FLSA sets minimum national standards for minimum wage, overtime pay, and other key matters. New Jersey has more comprehensive wage and hour standards in place. The New Jersey Division of Wage and Hour Compliance also enforces state-based wage and hour regulations. As an example, the New Jersey minimum wage for 2024 is $15.13 per hour—which is far above the national minimum wage.
Why Depend On Our New Jersey Wage and Hour Attorney
Wage and hour law is complicated. Do you believe that your wage and hour rights were violated? It is imperative that you seek strong professional legal representation. A distinguished member of the National Employment Lawyers Association, Charles Z. Schalk has extensive experience handling wage and hour cases. Our client testimonials and employment law case results tell the story. Among other things, Attorney Schalk is ready to:
- Conduct a comprehensive review and evaluation of your case;
- Investigate the wage and hour dispute—gathering evidence of violations;
- Advocate for you in any settlement discussions with your employer; and
- Take aggressive legal action to help you secure the maximum back wages.
Wage and Hour Disputes in New Jersey: Frequently Asked Questions (FAQs)
Are Wage and Hour Claims Class Action Lawsuits?
Not always, but some of them are. You can file an individual lawsuit for a wage and hour violation in New Jersey. With that being said, it is not uncommon for many co-workers to be adversely affected by similar wage and hour violations. If so, a class action lawsuit may be appropriate. Class actions can be an effective way to address widespread violations involving similar facts and legal issues.
How is Overtime Pay Calculated in New Jersey?
Overtime pay in New Jersey is calculated at one and a half times the regular rate of pay for all hours worked over 40 in a workweek. Employees must be paid this rate unless they fall into an exempt category under state law or federal law. If you believe your employer miscalculated your overtime pay, you may have a claim for compensation for unpaid wages under the FLSA or New Jersey law.
How Long Do I Have to Bring an Unpaid Overtime Claim?
You typically have two years to bring a claim for unpaid overtime under the federal FLSA. With that being said, New Jersey law can extend the deadline to three years for a willful violation by an employer. It is crucial to file a claim within this timeframe to avoid losing your right to recover unpaid wages. Be proactive: Consult with a New Jersey wage and hour lawyer as soon as possible.
Contact Our New Jersey Wage and Hour Dispute Attorney Today
Charles Z. Schalk is a New Jersey wage and hour dispute lawyer with a commitment to protecting the rights and interests of employees. If you are locked in any type of wage and hour dispute, we are here as a legal resource. Call us at (908) 526-0707 or contact us online for your confidential initial case evaluation. Our firm handles wage and hour disputes throughout the State of New Jersey.
“Mr. Schalk obviously obtained a very successful verdict in a very very difficult case. This Court had an opportunity to observe Mr. Schalk throughout the trial. He certainly performed at an extremely high level . . . And to obtain the verdict that he did is a rare case . . . I feel very strongly that Mr. Schalk’s work in this case was at a very high level, a superior level and that if the 100 percent enhancement of the lodestar is in the rare case this would be the rare case in which Mr. Schalk would be entitled to that.”*”