Hard work deserves fair pay. When employees put in more than 40 hours a week, they are often entitled to overtime compensation under state and federal law. Unfortunately, unpaid overtime violations remain common across many industries. If you suspect you have not been properly compensated, speaking with experienced Unpaid Overtime counsel can help you understand your rights.
Castronovo & McKinney, LLC focuses exclusively on employment law and represents employees throughout New Jersey in wage and hour disputes. With deep knowledge of the Fair Labor Standards Act (FLSA) and New Jersey wage laws, the firm works to recover the compensation employees have rightfully earned.
Understanding Overtime Laws
Under the FLSA and New Jersey wage regulations, most non-exempt employees must receive overtime pay at a rate of one and one-half times their regular hourly wage for hours worked beyond 40 in a workweek.
Employers cannot avoid overtime obligations by simply labeling an employee as “salaried.” Whether an employee qualifies for overtime depends on job duties and salary level, not just title or classification.
Common Overtime Violations
Unpaid overtime can occur in a variety of ways, including:
- Misclassifying employees as exempt from overtime
- Failing to include bonuses or commissions in overtime calculations
- Requiring off-the-clock work
- Improperly classifying workers as independent contractors
- Rounding time records in a way that consistently benefits the employer
These practices may result in significant lost income over time. Even small discrepancies in weekly pay can add up to substantial amounts when extended over months or years.
Employee Misclassification Issues
One of the most common overtime disputes involves misclassification. Employers sometimes classify employees as “executive,” “administrative,” or “professional” to avoid paying overtime. However, these exemptions apply only when specific legal criteria are met.
Castronovo & McKinney carefully reviews job duties, compensation structure, and workplace practices to determine whether an employee has been improperly classified.
Independent Contractor vs. Employee
Some employers label workers as independent contractors rather than employees to avoid overtime, tax, and benefit obligations. New Jersey applies a strict test to determine proper classification. If a worker functions as an employee under the law, they may be entitled to overtime and other protections.
Proper legal analysis is critical in identifying whether misclassification has occurred and what remedies are available.
Off-the-Clock Work
Employees must be compensated for all hours worked, including time spent performing required tasks before or after shifts. This can include preparing equipment, responding to work emails outside normal hours, or attending mandatory meetings.
When employers fail to record or compensate this time, employees may have valid wage claims.
Damages and Legal Remedies
Employees who successfully pursue unpaid overtime claims may be entitled to recover:
- Back pay for unpaid overtime
- Liquidated damages equal to the unpaid wages
- Attorneys’ fees and court costs
In certain cases, additional penalties may apply under New Jersey law. Castronovo & McKinney prepares each case thoroughly, whether pursuing settlement negotiations or litigation.
Serving Clients Across New Jersey
Based in Morristown, Castronovo & McKinney, LLC represents employees and businesses throughout Bergen County, Essex County, Middlesex County, Morris County, and surrounding communities including Newark, Hackensack, and New Brunswick.
Castronovo & McKinney, LLC
71 Maple Ave
Morristown, NJ 07960
Phone: 973-920-7888
Email: tom@cmlaw.com
Hours: Monday – Friday, 9:00 AM – 6:00 PM
Overtime laws exist to ensure fair compensation for hard work. With focused employment law experience and a proven record of results, Castronovo & McKinney provides strong advocacy for employees seeking to recover unpaid wages in New Jersey.