Cherry Hill Overtime Violation LawyerRequest a Free Consultation
Every worker deserves to receive a fair wage for the work they perform, and under both state and federal laws, that includes extra compensation for overtime work. Unfortunately, many employers in our area fail to adhere to overtime regulations, often by misclassifying employees or failing to properly track hours worked and wages paid.
Regardless of the reason for an overtime violation, you can take action to recover any compensation you were illegally denied with the help of a seasoned employment law attorney. By working with a Cherry Hill overtime violation lawyer, you could increase your chances of recovering back pay, attorney’s fees, and more.
Overtime Laws for Employees in Cherry Hill
The Fair Labor Standards Act (FLSA) mandates employers to compensate workers “time-and-a-half” (i.e. 1.5 times their normal rate of pay) for every hour in excess of 40 each week. Many overtime protections set by the FLSA are echoed in New Jersey Revised Statutes §34:11-56a4.
However, it is important to note that not all employees in our area are covered under the FLSA. For example, anyone working in an administrative, professional, or executive capacity is considered exempt from state and federal overtime protections. Overtime exemptions also apply to:
- Outside sales employees as well as those who take at least 50 percent of their total compensation from sales commissions
- Farm workers
- Hotel workers
- Seasonal amusement park workers
- Limousine drivers
- Drivers and employers of common carriers who provide bus transportation
Employees who qualify under the FLSA may be owed back pay if their employer fails to appropriately compensate them for overtime hours worked. A qualified attorney could help a worker explore their legal options after an overtime violation.
Taking Civil Action
The Department of Labor’s Wage and Hour Division (WHD) enforces the provisions of the FLSA as well as various other employment laws and adjudicates claims filed by workers against employers who allegedly violated those laws. Workers who wish to file a complaint through the WHD must provide personal identifying information, details about the work they performed and the employer who denied them compensation, and any additional records detailing hours worked and weekly pay rate.
At the state level, a worker who experiences an overtime violation can file a wage claim with the state Division of Wage and Hour Compliance either online or through the mail. If a state investigation finds evidence of an overtime violation, a Wage Collection proceeding may be scheduled to allow an aggrieved employee to pursue restitution for up to $50,000 in unpaid wages. With the assistance of a Cherry Hill lawyer, a local worker could pursue recovery through a civil lawsuit for additional damages such as court costs, attorneys’ fees, and interest on unpaid overtime wages.
Talk to a Cherry Hill Overtime Violation Attorney Today
If you were denied compensation for overtime hours worked, it may be crucial to hold your employer accountable for failing to pay out your fairly earned wages.
With guidance from a Cherry Hill overtime violation lawyer, you could pursue a wage claim through state or federal agencies or file a lawsuit against a dishonest employer. To schedule an initial consultation about your potential case, call our firm today.