New Jersey Wage Violation Lawyer

What Counts as a Wage Violation in New Jersey?

Wage theft is a persistent and widespread problem, and it affects millions of workers every year. It often happens quietly — a misclassification that strips you of overtime, off-the-clock work that never makes it onto your paycheck, or a prevailing wage rate you were entitled to but never received.

New Jersey law provides strong protections for workers' wages. Both federal and state law require most employers to pay overtime at one and a half times an employee's regular rate for hours worked beyond 40 in a week. New Jersey also sets minimum wage requirements, regulates how and when employees must be paid, and requires prevailing wages on certain public projects. When an employer fails to meet these obligations, the law gives workers a way to recover what they're owed — often with penalties and attorney's fees on top.

Wage violations take a number of common forms: misclassifying employees to avoid paying overtime, requiring or encouraging off-the-clock work, making illegal deductions from paychecks, paying less than minimum wage, taking a share of tips, or failing to pay the prevailing wage on a public project.

New Jersey Wage Payment Law

Governs how and when employees must be paid and regulates deductions an employer can make from wages.

New Jersey Wage and Hour Law

Establishes minimum wage and overtime requirements. Most employees must be paid overtime at one and a half times their regular rate for hours over 40 in a week, unless they fall within a specific exemption.

New Jersey Prevailing Wage Act

Requires workers on certain public projects to be paid the prevailing wage — a base rate set by the state for each trade and locality.

If your employer has violated any of these laws, you may be entitled to back wages, penalties, and attorney's fees.

Signs You May Have a Wage Violation Claim

If any of these sound familiar, you may have a legal claim, even if you're not certain. A consultation is the fastest way to find out.

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You work more than 40 hours a week but your paycheck doesn't reflect overtime

You're classified as a manager or salaried employee but spend most of your day on non-managerial tasks

You've been asked to work off the clock, before clocking in, or after clocking out

You're classified as a 1099 independent contractor while doing the work of a full-time employee

You're working on a government-funded construction project and not receiving the prevailing wage rate

For an unpaid overtime claim

You worked more than 40 hours in a workweek, you were not properly classified as exempt, and you were not paid the required overtime rate. Whether you are exempt depends on your actual job duties and salary, not just your title. Employees in genuine executive, administrative, or professional roles earning above a set salary threshold may be exempt, but a title alone does not make someone exempt.

For a misclassification claim

You were treated as an independent contractor or exempt employee when your actual working relationship makes you a non-exempt employee. New Jersey uses the ABC test to determine employee status, and the burden is on the employer to prove all three prongs.

For a prevailing wage claim

You performed covered work on a qualifying public project and were paid less than the prevailing wage rate set for your trade and locality. Prevailing wage rates include both wages and fringe benefits, and they vary by county, trade, and experience level.

Wage Claims We Handle

Wage violations show up in several forms. Find the one that matches your situation.

Prevailing Wage

If you worked on a public school, road, or government building project and were paid less than the posted rate — or never received the fringe benefits the prevailing wage includes — you can recover the difference plus attorney's fees under the New Jersey Prevailing Wage Act.

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Wage & Hour

If you weren't paid the overtime you're owed, were made to work off the clock, were paid less than minimum wage, or had illegal deductions taken from your paycheck, New Jersey's Wage and Hour Law may entitle you to back pay plus penalties.

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Employee Misclassification

If you're labeled a 1099 contractor but treated like a full-time employee — denied overtime and benefits, or paying for supplies your employer should cover — you may be misclassified. Under New Jersey's ABC test, most workers are presumed to be employees.

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How Wage Violation Cases Work in New Jersey

Recovering wages you're owed is more straightforward than many people expect. Here is what the process looks like from the first call forward.

01.

Case Evaluation

An attorney reviews your situation and tells you whether you have a viable wage claim, what it might be worth, and what your options are. No commitment required.

02.

Investigation

The client provides all available evidence — pay stubs, time records, job descriptions, communications about your hours and duties, and for prevailing wage claims, the applicable rate schedules. Wage cases often turn on the gap between your actual duties and how you were classified or paid.

03.

Filing

Wage and hour claims valued at no more than $50,000 can be filed with the New Jersey Department of Labor. Larger claims and certain other matters may be brought in court. Prevailing wage complaints are filed with the New Jersey Division of Wage and Hour Compliance. Statute of limitations: Claims for unpaid wages can be filed for up to six years from the date the wages were unpaid. Prevailing wage claims must generally be filed within two years of the underpayment.

Workplace Discrimination - Negotiation - Image

04.

Negotiation or Litigation

Mark & Kleinfeldt negotiates from a position of strength, prepared to litigate when the situation calls for it. As Certified Civil Trial Attorneys, the firm is equipped to take a wage case as far as it needs to go.

05.

Resolution

Successful wage claims can result in recovery of back wages and unpaid overtime, liquidated damages, penalties, and attorney's fees. Employers who violate New Jersey wage and hour laws can face a penalty plus administrative costs and attorney's fees on top of any back pay judgment.

Results We've Secured in Wage Cases

$675K

Wage & Hour
$120K

Wage & Hour
$42K

Misclassification

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My employer says I'm exempt from overtime because I'm salaried. Is that right?

Not necessarily. Being paid a salary does not automatically make you exempt from overtime. Exemption depends on your actual job duties and whether you earn above a set salary threshold. Many employees are given exempt-sounding titles while performing work that does not qualify for an exemption. If you spend most of your time on non-managerial tasks, you may be entitled to overtime regardless of your title or salary.

I'm paid as a 1099 contractor. Could I actually be an employee?

Possibly. In New Jersey, a worker is presumed to be an employee unless the employer can satisfy all three prongs of the ABC test. Many workers labeled as independent contractors are legally employees, which means they may be entitled to overtime, benefits, and other protections they are not currently receiving.

How do I know if I should be getting the prevailing wage?

The Prevailing Wage Act applies to workers performing covered work on qualifying public projects — government-funded construction, restoration, or maintenance. Rates vary by county, trade, and experience. Employers are required to post the prevailing wage rates at the job site. If you're working on a public project and don't see a posting or aren't receiving the rate, you should speak with an attorney.

What can I recover in a wage claim?

Depending on the claim, you may recover back wages and unpaid overtime, liquidated damages, penalties, and attorney's fees. In a prevailing wage claim, you can recover the full difference between what you were paid and the prevailing wage you were owed, plus reasonable attorney's fees.

How long do I have to file a wage claim in New Jersey?

The deadline depends on the type of claim. Prevailing wage claims generally must be filed within two years of the underpayment.

Ready to Find Out If You're Owed More?

You've learned what wage violations look like in New Jersey and what you would need to show. The next step is a conversation with a Certified Civil Trial Attorney who can tell you specifically whether you have a claim and what you may be owed.

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New Jersey Wage Violations