One of the most common issues employees face is disputes related to wages and overtime pay. Under the Fair Labor Standards Act (FLSA) and state labor laws, employees are entitled to fair compensation for their work, including overtime pay for hours worked beyond 40 hours in a workweek. However, many workers are unaware of their rights or may have their wages and overtime improperly calculated. This is where an experienced employment lawyer can make a significant difference. At Castronovo & McKinney, LLC, we specialize in helping employees resolve wage and hour disputes and fight for the compensation they are owed.
If you are not being properly compensated for the hours you work, or if you are concerned that your employer is misclassifying you to avoid paying overtime, it’s important to understand your legal rights and take appropriate action. An employment lawyer can provide crucial assistance in navigating wage and hour disputes and ensuring that you receive the wages and overtime pay you're entitled to.
Understanding Overtime and Wage Laws
Overtime pay is required by law for non-exempt employees who work more than 40 hours in a workweek. The FLSA mandates that these employees be paid at a rate of at least one and a half times their regular hourly wage. However, many employees are misclassified as exempt or are not compensated properly for overtime hours worked. The FLSA establishes certain guidelines for determining which employees are eligible for overtime pay:
- Non-Exempt Employees: Employees who are not classified as exempt are entitled to overtime pay for any hours worked beyond 40 in a workweek.
- Exempt Employees: Exempt employees, typically in executive, administrative, or professional roles, are not entitled to overtime pay. However, this classification must meet specific criteria and be properly justified by the employer.
- Overtime Rate: Overtime must be paid at a rate of at least 1.5 times an employee’s regular hourly rate for each hour worked over 40 hours in a week.
Wage and hour laws also include other protections, such as minimum wage laws, meal and rest break regulations, and the requirement for employers to pay employees for all hours worked. Violations of these laws can lead to significant financial losses for employees, but an employment lawyer can help recover those wages through legal action.
Common Wage and Overtime Issues
Wage and overtime disputes can take many forms. Some common issues that employees face include:
- Unpaid Overtime: Employees may be required to work beyond their regular hours without receiving overtime pay, or employers may incorrectly classify employees as exempt from overtime pay.
- Improper Wage Deductions: Employers are not allowed to make improper deductions from an employee's pay, such as deductions for uniforms, equipment, or mistakes that were not the employee's fault.
- Misclassification of Employees: Some employers incorrectly classify employees as salaried, exempt workers to avoid paying overtime. If you are working overtime hours but are not receiving overtime pay, you may be misclassified.
- Failure to Pay Minimum Wage: Employers must pay their workers at least the minimum wage as set by the federal government or state law. If you are being paid below the minimum wage, an employment lawyer can help you file a claim to recover those wages.
- Off-the-Clock Work: Employers must compensate employees for all time worked, including work performed before or after regular shifts, during breaks, or outside of the office. Off-the-clock work is a common issue in overtime disputes.
How Can an Employment Lawyer Help You with Wage and Overtime Issues?
If you are facing a wage or overtime dispute, an experienced employment lawyer can provide valuable assistance in several ways:
- Assessing Your Case: An employment lawyer can review your work hours, pay stubs, and any related documentation to determine whether your employer is violating wage and overtime laws.
- Filing a Claim: If you are entitled to back pay for unpaid overtime or wages, an employment lawyer can help you file a wage claim with the U.S. Department of Labor (DOL) or your state’s labor department. They can also assist in filing a lawsuit if necessary to recover those wages.
- Negotiating a Settlement: Many wage and overtime disputes can be resolved through negotiated settlements. Your lawyer will work to ensure you receive fair compensation for your unpaid wages and overtime and advocate on your behalf during settlement discussions.
- Litigating Your Case: If a fair settlement cannot be reached, your employment lawyer will represent you in court. They will fight for your rights and work to secure the compensation you are entitled to under the law.
Why Choose Castronovo & McKinney for Wage and Hour Disputes?
At Castronovo & McKinney, LLC, we are dedicated to protecting the rights of employees in wage and overtime disputes. Our team of experienced attorneys has successfully handled many wage and hour cases, including those involving unpaid overtime, minimum wage violations, and misclassification of employees. We understand how important it is to ensure that employees are fairly compensated for the work they perform, and we fight tirelessly to recover those wages.
We take a client-focused approach to every case, working closely with our clients to understand the details of their situation and develop a strategy to resolve their issues effectively. Whether through negotiation or litigation, we are committed to securing the best possible outcome for each client.
If you believe that you are being denied overtime pay, misclassified as exempt, or are facing any other wage-related issue, don't hesitate to contact Castronovo & McKinney. Our legal team is ready to help you pursue justice and recover the wages you are owed.
If you are dealing with a wage or overtime dispute, contact Castronovo & McKinney, Employment Law Attorneys today. We will review your case and help you take the necessary steps to recover the wages you deserve.
Contact Us
Visit our offices in Morristown, NJ or New York, NY, or call us to schedule a consultation with one of our experienced employment lawyers. Let us help you resolve your wage and hour disputes and ensure that you are fairly compensated for your work.
New Jersey Office
71 Maple Ave, Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924
New York Office
420 Lexington Avenue, Suite 1830, New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781