Filing a Wage-Hour Claim in New Jersey

The desire of every employee is to enjoy the fruits of their labor. You toil very hard for your hard earned penny, which you rightly deserve, and it is only right that you get it in time, and the right amount. However, employers may at times fail to pay their employees adequately, consequently inconveniencing them. This, according to The Sattiraju Law Firm, P.C., is unfair, inhumane and unjust.

Like every state, New Jersey has a labor law which lays down the structures and necessary framework to govern labor services in the state. The total work hours for employees is laid down as 40 hours in a week. Thereafter, the duration exceeding 40 hours is counted as overtime and requires that the employee is paid at a rate of 3/2 of their normal hourly pay. The federal minimum wage is $7.25 while that for New Jersey is $8.60

Exempted employees from wage hour Requirement

As an employee, you may be entitled to compensation by filing a wage-hour claim. Those employers who violate New Jersey’s labor law should be held accountable and liable for their actions. There are some employees who are exempted from the minimum wage requirement:

  • Full-time students who are employed by their respective institutions of higher learning.
  • Learned professionals
  • Outside salesmen
  • Handicapped individuals
  • Limousine drivers
  • White collar exemptions- bona fide executive and administrative employees of a business

Forms of Wage Violations

Employees are susceptible to several wage-hour violations. Most of the common ones include

  • Payment of less than the required minimum wage in that state (minimum in New Jersey is $8.60)
  • Wrongful clarification of employees, resulting in them being paid less
  • Failure to pay employees their right amount of compensation.
  • Failure to pay employee bonuses and commissions.

Now you know shallowly about wage-hour law in New Jersey, how it is violated and the types of people (among many others) exempted from it. The next step is filing a wage-hour claim.

Filing for a Wage-Hour Claim

The statute of limitation stipulates that the wage-hour violation claim should be filed within two (2) years beginning from the date of the violation. This is usually done at the New Jersey Department of Labor(NJ DOL) The NJ DOL then issues a summon to your employer, who has 5-15 days to appear at a hearing.

When filing for a wage-hour claim, it is important to contact a New Jersey Superior Court attorney. It is less important to have one, but in the long run, it helps your case proceed faster, and ensure you receive the correct amount of compensation.

New Jersey also has administrative penalties which can be imposed to curb wage-hour violation. This is broken down as follows

  • Maximum violation-$250
  • Any subsequent violation $00
  • Willful violations-between $100 and$1000 (between 10-30 days)
  • Subsequent violations-between $500 and $1000(and 10-100)

Whereas an attorney is not mandatory in these cases, it is advisable to get one. Not only is he going to ensure you get the appropriate compensation, but he is going to help you gather evidence for your claim.

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