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What Is a Wage and Hour Claim Under New Jersey Law?

Wage and hour claims arise when an employer fails to pay employees what the law requires. The most common situations involve unpaid overtime, minimum wage violations, and off-the-clock work, but wage theft takes many forms and New Jersey law addresses all of them.

New Jersey's Wage and Hour Law and the federal Fair Labor Standards Act (FLSA) 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 that in many circumstances exceed the federal minimum. Both laws apply to most employees, but each contains specific exemptions that employers frequently abuse to avoid paying workers what they are owed.

New Jersey law provides strong remedies for wage violations. A successful plaintiff may recover liquidated damages of up to 200% of unpaid wages plus attorney's fees, and employers face a 10% penalty plus administrative costs on top of any back pay judgment.

New Jersey Wage and Hour Law

Sets minimum wage and overtime requirements for most New Jersey employees. Claims valued at $50,000 or less may be filed with the NJ Department of Labor. Claims exceeding $50,000 must be filed in New Jersey Superior Court.

Fair Labor Standards Act (FLSA)

Federal law establishing minimum wage and overtime requirements. Applies to most employees in the private sector and in federal, state, and local governments.

Signs You May Have a Wage and Hour Claim

Scenario 01

You work more than 40 hours a week but never see overtime on your paycheck

Scenario 02

You come in early, stay late, or work through lunch and are not paid for that time

Scenario 03

Your employer gave you a new title but your actual work hasn't changed

Scenario 04

You are classified as exempt but your salary falls below the threshold required for that exemption

Scenario 05

Your paycheck shows deductions your employer has not explained or that you did not authorize

Scenario 06

You are a tipped employee and your total hourly pay, including tips, falls below the minimum wage

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

What You Need to Prove in a Wage and Hour Case

To bring a successful wage and hour claim, you generally need to establish the following, but you don't need to have this all figured out before you call:

report

You are a covered, non-exempt employee

You work for a covered employer and do not fall within a recognized exemption from overtime or minimum wage requirements. Whether you are exempt depends on your actual job duties and salary, not just your title.

report

You worked hours for which you were not properly compensated

You worked more than 40 hours in a workweek without receiving the required overtime rate, were paid below the applicable minimum wage, or performed work for which you received no compensation at all.

report

Your employer knew or should have known

Your employer permitted or required the uncompensated work, or knew about the violation and failed to correct it.

Common Wage and Hour Violations in New Jersey

Employers violate wage and hour laws in a number of recognizable ways. If any of these describe your situation, you may be owed back wages, penalties, and attorney's fees.

01
Unpaid overtime

You regularly work more than 40 hours a week but are paid straight time for the extra hours rather than the required rate of one and a half times your regular pay. This is one of the most common and costly forms of wage theft.

02
Off-the-clock work

You are required or encouraged to work before clocking in, after clocking out, through unpaid breaks, or from home without compensation. If your employer permits you to work outside your scheduled hours, it must pay you for that time.

03
Misclassification to avoid overtime

Your employer has given you a managerial or professional title to classify you as exempt from overtime, but your actual day-to-day duties are those of a non-exempt employee. A title alone does not make someone exempt.

04
Minimum wage violations

You are paid less than New Jersey's current minimum wage, including through improper tip credits or deductions that bring your effective pay below the legal minimum.

05
Illegal paycheck deductions

Your employer deducts amounts from your paycheck that New Jersey law does not permit. Employers may only deduct items specifically authorized by law, and unauthorized deductions are themselves a violation of the Wage Payment Law.

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How Wage and Hour Cases Work in New Jersey

If you suspect you are not being paid what the law requires, here is what the process looks like from the first conversation forward.

1
Case Evaluation

An attorney reviews the facts of your situation and tells you whether you have a viable wage and hour claim, what you may be owed, and what your options are.

No commitment required
2
Investigation

The client provides all of their evidence: pay stubs, time records, job descriptions, records of your actual duties, communications about your hours, and comparisons to how similarly situated employees were paid. In overtime cases, the gap between your title and your actual duties is often central to the case.

3
Filing

Claims valued at $50,000 or less may be filed with the New Jersey Department of Labor. Claims exceeding that amount must be filed in New Jersey Superior Court. Filing with the DOL requires waiving any recovery above $50,000, so the right path depends on the value of your claim.

4
Negotiation or Trial

Mark & Kleinfeldt negotiates from a position of strength, prepared and willing to go to trial when the situation calls for it. Employers who know you are willing to litigate respond differently at the negotiating table.

5
Resolution

Successful wage and hour claims can result in recovery of back wages, liquidated damages of up to 200% of the unpaid amount, a 10% penalty, attorney's fees, and in cases of knowing and willful violations, additional fines and penalties.

Results We've Secured in Wage & Hour Cases

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$675K

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Related Claims to Consider

Wage and hour violations often overlap with other employment claims. If any of the following also describe your situation, you may have more than one claim worth pursuing.

Employee Misclassification - Image

Employee Misclassification

Many wage and hour violations stem directly from misclassification. If you have been improperly classified as exempt or as an independent contractor, a misclassification claim may apply alongside your wage and hour claim.

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Wrongful Termination - hero image

Wrongful Termination

If you raised a wage complaint and were fired or retaliated against for it, you may have a wrongful termination or retaliation claim in addition to your wage claim.

Learn More

Frequently Asked Questions

More FAQs

Not necessarily. Overtime exemption depends on your actual job duties and whether your salary meets the applicable threshold, not your title. Employers sometimes give employees managerial titles specifically to avoid paying overtime, even when the employee's actual work is non-exempt. An attorney can evaluate whether your duties and salary actually qualify for an exemption.

Cash payments do not exempt your employer from its wage obligations. If you are performing work for which you are not being compensated, or if you are being paid below the required rate in cash, you may still have a wage claim. Off-the-books pay arrangements are often wage theft and can expose your employer to significant liability.

Yes. Wage and hour claims can be filed after your employment ends. The clock starts from the date of the violation, not the date of your separation.

In addition to back wages, New Jersey law allows successful plaintiffs to recover liquidated damages of up to 200% of the unpaid wages, attorney's fees, and in appropriate cases a 10% penalty on the back pay amount. Employers who knowingly and willfully violate New Jersey's wage laws can face additional fines and penalties.

Claims for unpaid wages can be filed for up to six years from the date the wages were unpaid under New Jersey state law

Ready to Find Out If You Are Owed More Than You've Been Paid?

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