Every employee has the right to receive full and timely payment for the work they perform. Unfortunately, unpaid wages remain a common issue, with employers failing to compensate employees for regular hours, overtime, or other earned wages. If you are owed wages, understanding your rights and the steps to take can help you recover what you are due.
What Are Unpaid Wages?
Unpaid wages refer to compensation that an employer has failed to pay an employee for work performed. Common examples include:
- Not paying for all hours worked, including overtime.
- Withholding final paychecks after termination or resignation.
- Failing to pay agreed-upon wages, commissions, or bonuses.
- Misclassifying employees as exempt or independent contractors to avoid overtime payments.
- Deducting unauthorized amounts from employees’ paychecks.
These practices violate federal and state labor laws designed to protect employees.
Legal Protections for Employees
Employees are protected by several laws that ensure fair compensation, including:
- Fair Labor Standards Act (FLSA): Establishes minimum wage and overtime pay requirements for non-exempt employees.
- New Jersey Wage and Hour Law: Sets state-specific minimum wage rates and overtime rules, often exceeding federal standards.
- New Jersey Wage Payment Law: Ensures employees receive wages on time and in full, including final paychecks.
- New Jersey Equal Pay Act: Mandates equal pay for employees performing substantially similar work, regardless of gender or other protected characteristics.
These laws provide remedies for employees who are not paid what they are owed.
Steps to Take If You Are Owed Wages
If you believe your employer has failed to pay you properly, take these steps to protect your rights:
- Review Your Records: Gather pay stubs, timesheets, employment agreements, and any other documentation that supports your claim.
- Track Unpaid Wages: Calculate the amount you are owed, including regular pay, overtime, and any bonuses or commissions.
- Raise the Issue Internally: Notify your employer or HR department in writing about the discrepancy and request prompt payment.
- File a Complaint with Authorities: Submit a claim with the U.S. Department of Labor’s Wage and Hour Division or the New Jersey Department of Labor and Workforce Development.
- Consult an Employment Lawyer: An experienced attorney can help you file a lawsuit to recover unpaid wages, liquidated damages, and legal fees.
Potential Remedies for Unpaid Wages
Employees who successfully pursue claims for unpaid wages may be entitled to:
- Back Pay: Full compensation for wages owed, including overtime or bonuses.
- Liquidated Damages: Additional compensation equal to the amount of unpaid wages in certain cases.
- Reimbursement of Legal Fees: Coverage of attorney’s fees and court costs.
- Penalties: Employers may be required to pay penalties for wage violations, depending on the jurisdiction.
These remedies ensure employees are compensated fairly and discourage employers from engaging in wage theft.
How Castronovo & McKinney Can Help
Castronovo & McKinney, LLC has extensive experience handling wage and hour disputes for employees. Our attorneys can:
- Evaluate your case to determine the full extent of unpaid wages and related violations.
- Assist you in filing complaints with the appropriate state or federal labor agencies.
- Negotiate settlements to recover back pay and damages without litigation, if possible.
- Represent you in court to secure a favorable outcome and hold your employer accountable.
We are dedicated to ensuring employees receive the compensation they rightfully earned.
Recover Your Unpaid Wages
If you are owed wages, don’t wait to take action. Contact Castronovo & McKinney, Unpaid Wage Attorneys today for a consultation. Let us help you protect your rights and secure the wages you are entitled to.