If an employer does not pay a worker all of the salary, wages, or benefits that they earned, it is a form of wage theft under New Jersey labor laws. There are numerous different actions that can be classified as unpaid wages, which can include, but are not limited to:
- Withholding too much money for tips
- Failing to compensate for earned overtime
- Not correctly classifying the worker, resulting in not earning the overtime they are entitled to
These actions may also be called withholding salary and withholding wages. There are many different examples of how employers may fail to properly pay workers wages, including:
- When administrative or clerical errors occur
- Failing to pay overtime wages when they were legally required to pay them
- A worker was not being compensated for all of their time on the job
- Also called being made to work “off the clock”
- Miscategorizing an employee intentionally to pay them less than they should earn
- Not paying an employee the correct minimum wage
- A worker’s salary is withheld if they file for disability
- When a dispute arises about paid leave or other benefits
- Not reimbursing workers for expenses they paid for on their own
There may be both New Jersey state laws as well as federal laws that provide the amount of minimum wage that most workers are entitled to be paid. These wage laws also list the categories of workers who are entitled to receive overtime pay if they work more than a certain number of hours per day or days each week.
There are some situations when employers do not comply with the federal and state minimum wage and overtime laws. There are some workers who work under employment contracts.
These contracts put into writing the salaries and benefits that the worker will earn in exchange for performing their job duties. When the worker’s employer does not pay them the full amount they are due or if they do not provide all of the benefits stated in the employment contract, the employer has breached the employment contract.
What Should I Do if My Employer Has Not Paid Me?
According to employment laws in New Jersey, a minimum wage must be paid to workers who are paid on an hourly basis in addition to overtime requirements for employers to pay. There may be multiple options available to a worker when their employer has not paid them properly.
Wage complaint
The first step a worker can take is to file a complaint with the Wage and Hours Division (WHD) of the U.S. Department of Labor for their unpaid wages. It is important to be aware that there might be time limits to file these types of claims.
Federal lawsuit
In certain cases, the worker may be able to file a lawsuit against their employer in a federal court. A lawsuit can be filed for two years following the date when the worker’s wages became unpaid or the date of the violation.
If an employer willfully engaged in the violation, the time limit for the worker to file the lawsuit will be three years. Individuals should note that workers cannot file lawsuits if they have already received payment for the wages they were owed after they filed a complaint with the WHD.
Unions
When a worker is a member of a union, they can start trying to solve their wage issue by reporting the issue to their union representative. In these situations, the worker’s union may be able to resolve the issue. To find out more about ways to resolve a New Jersey unpaid wages issue, an individual can consult with a local New Jersey lawyer.
How Do I File an Unpaid Wages Complaint?
Employers are not permitted to punish or terminate workers who file unpaid wages claims. When workers seek to obtain their unpaid wages, they may have to complete the following steps:
- Notifying the employer about the unpaid wages and making a request for payment
- Reporting a violation of the Fair Labor Standards Act (FLSA) to the Wage and Hour Division (WHD) of the U.S. Department of Labor
- File a complaint with the proper government agency, such as the Equal Employment Opportunity Commission (EEOC)
- File a civil lawsuit
In many cases, when a worker submits a complaint to their HR department, it is often enough to fix a simple mistake or oversight. It may be necessary to file a lawsuit if the employer’s internal process does not fix the issue or if the issue involves the HR department itself.
When a large number of employees have been affected by their employer not paying them earned wages, it may be possible to file a class action lawsuit. Wage issues can also include employment discrimination issues against workers based on their race, gender, or other characteristics.
How Much Can I Sue for Unpaid Wages?
How much a worker will be able to sue for unpaid wages will depend on the amount of money that their employer owes them. Generally, workers can recover the full amount of their unpaid wages plus interest, lawyer’s fees, and costs.
What Are the Legal Consequences and Remedies for Unpaid Wages?
As previously discussed, it is against the law for employers to withhold money workers have earned. If an employer faces an unpaid wages lawsuit, it can result in negative consequences, including:
- Paying the worker damages to compensate them for their lost wages in addition to other costs
- Having to revise the policies of the company or rewrite the policies that caused the wage issue
- Terminating a worker or supervisor who was responsible for the wages not being paid
- The business itself may face negative consequences, such as suspension of its business license or paying civil fines
With some lawsuits, a damages award will completely compensate the worker for the losses they suffered. Examples of commonly awarded remedies in unpaid wages claims, include:
- Providing the worker with all of the unpaid wages they are due
- Reviewing the company’s policies
- Returning the worker to their former employment position
- Paying punitive damages when the conduct was willful and outrageous
How Can I Prove an Unpaid Wages Claim?
Proving an unpaid wages claim is usually based on documentation of the missing wages. A lawsuit against an employer for not paying wages will typically require a review of records, relevant documents, and witness statements.
Documents that are commonly used as evidence in unpaid wages claims include:
- Tax papers, such as W2s
- Pay stubs and timesheets
- Receipts and other relevant documents
A worker should always keep a record of the wages they have earned, for example, documenting the number of hours they worked. This is important to do whether there is a dispute with an employer or not.
What Kind of Lawyer Do I Need for Unpaid Wages Claims?
If you are having problems collecting wages you have earned in New Jersey, it is important to reach out to a New Jersey employment attorney as soon as you can. Your attorney can help you resolve any type of unpaid wages issue, including discrimination.
Having a lawyer will help you understand the laws in New Jersey in addition to federal laws that may apply in your case. LegalMatch provides you with a quick, free, and easy way to help you receive the wages you are due.
It only takes around 15 minutes to submit your unpaid wages claim on the LegalMatch website. You will get messages from licensed lawyers in your area who can help you resolve your wage dispute.
