Wage and Hour Laws: Understanding Your Rights as an Employee

Fair compensation is a cornerstone of a productive and respectful workplace. Unfortunately, wage and hour violations such as unpaid overtime, misclassification, and failure to provide breaks are all too common. Employees need to understand their rights under wage and hour laws to ensure they receive the pay and treatment they are entitled to by law.

What Are Wage and Hour Laws?

Wage and hour laws set standards for fair pay, work hours, and other employment practices. These laws are governed at both the federal and state levels to protect employees. Key provisions include:

• Minimum Wage: Employers must pay employees at least the federal or state minimum wage, whichever is higher.
• Overtime Pay: Non-exempt employees must be paid time-and-a-half for hours worked over 40 in a workweek.
• Breaks: Some states require employers to provide meal or rest breaks during shifts.
• Accurate Recordkeeping: Employers must maintain records of employees’ hours worked and wages paid.

Violations of these laws not only harm employees financially but also constitute unlawful employment practices.

Common Wage and Hour Violations

Employers may engage in practices that violate wage and hour laws, whether intentionally or inadvertently. Common violations include:

• Unpaid Overtime: Failing to pay employees for hours worked over 40 in a week.
• Misclassification: Incorrectly classifying employees as exempt or as independent contractors to avoid paying overtime or benefits.
• Off-the-Clock Work: Asking employees to work before or after their scheduled hours without compensation.
• Illegal Deductions: Reducing wages for uniforms, equipment, or other costs not allowed by law.
• Minimum Wage Violations: Paying employees below the minimum wage or failing to account for tipped employees’ total earnings.

Recognizing these violations is the first step toward recovering unpaid wages and holding employers accountable.

Your Legal Protections

Employees are protected by both federal and state wage and hour laws, including:

• Fair Labor Standards Act (FLSA): Establishes federal standards for minimum wage, overtime pay, and recordkeeping.
• New Jersey Wage and Hour Law: Provides additional protections for employees, including a higher minimum wage and stricter overtime requirements.
• New Jersey Wage Theft Act: Strengthens penalties for wage violations and allows employees to recover unpaid wages and damages.

These laws empower employees to take action against wage theft and other violations.

Steps to Take If You Experience Wage Violations

If you believe your employer has violated wage and hour laws, take these steps to protect your rights:

1. Document Your Hours: Keep a detailed record of your hours worked, including any overtime, breaks, and tasks performed off the clock.
2. Save Pay Stubs: Retain pay stubs, timecards, and other records that show discrepancies in your wages.
3. Report the Issue: Notify your employer or HR department and request an explanation or correction.
4. File a Complaint: Submit a claim to the U.S. Department of Labor’s Wage and Hour Division or the New Jersey Department of Labor and Workforce Development.
5. Consult an Employment Lawyer: An attorney can help you recover unpaid wages, negotiate settlements, and hold your employer accountable.

How Castronovo & McKinney Can Help

Castronovo & McKinney, LLC specializes in representing employees in wage and hour disputes. Our experienced attorneys can:

• Analyze your employment records to identify violations of wage and hour laws.
• File complaints with state or federal agencies to recover unpaid wages and penalties.
• Negotiate settlements to ensure you receive fair compensation.
• Represent you in court to hold your employer accountable for wage theft or other violations.

We are dedicated to ensuring employees receive the pay they’ve earned and protecting their rights under the law.

Stand Up Against Wage and Hour Violations

If you suspect your employer has violated wage and hour laws, don’t wait to seek help. Contact
Castronovo & McKinney, Wage and Hour Attorneys today for a consultation. Let us help you recover the wages you deserve and ensure fair treatment in the workplace.