- New Jersey Sexual Harassment Lawyer
- New Jersey Retaliation Lawyer
- New Jersey Family and Medical Leave Lawyer
- New Jersey Hostile Work Environment Lawyer
- New Jersey Equal Pay Lawyer
- New Jersey Employment Discrimination Lawyer
- New Jersey Unpaid Overtime or Wages Lawyer
- New Jersey Severance and Separation Lawyer
- New Jersey Whistleblower Retaliation Lawyer
- New Jersey Wrongful Termination Lawyer
- New Jersey Contract Review and Negotiation Attorney
Unpaid
Millions of Americans work in the construction industry performing a wide variety of jobs
Even though the construction field is a common area of work in the United States, many people who are employed in this industry are not aware of the policies and regulations that help maintain it. One particular piece of legislation that many workers are unfamiliar with is the New Jersey Prevailing Wage Act. This was enacted for the purpose of protecting union contracts from competitors who are non-union who underbid public works projects. The Act also provides the prevailing wage rate for specific job positions and categories of work. If you feel that you have performed work that you were not fairly compensated for, call the Law Office of Usmaan Sleemi to speak to a Paramus, New Jersey construction employee unpaid wages attorney.
WHAT IS THE PREVAILING WAGE ACT AND HOW DO EMPLOYERS VIOLATE IT?
The New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.) in general dictates the amount of wages that a subcontractor or contractor is required to pay workers, laborers, and mechanics on public works projects. The Act kicks in when the contract is for a public works project between a public body and a contractor. The meaning of “public work” under the Act includes the following projects:
- Construction
- Reconstruction
- Demolition
- Alteration
- Repair work
- Maintenance work (includes painting and decorating)
Prevailing wages are only paid when the contract for the public works project exceeds $16,263. They also apply to contracts in excess of $2,000 awarded by a nonmunicipal public body.
Employers can violate the New Jersey Prevailing Wage Act in a variety of ways. In terms of wage violations, employers have been known to engage in the following violations of the Act:
- Failure to pay workers in accordance with rates provided by the Prevailing Wage Act
- Misclassifying workers by seniority or job title in an effort to pay lower wages
- Engaging in the fraudulent adjustment of time sheets and hours worked
- Failure to file a payroll before its due date
The Prevailing Wage Act requires that contractors maintain records from no less than 3 years from the date of the last payment on a construction project. Failing to keep any of the following records would be a violation of the Act:
- Hourly wage paid (including cash and fringe benefits from each pay period);
- Worker classifications;
- Number of hours worked each day;
- The starting time and ending time of each day;
- Records of all mechanics, laborers, and other workers that perform work on the project (records include: names, addresses, phone numbers, and social security numbers)
Understanding Wage Theft in the Construction Industry
Wage theft affects thousands of construction workers across New Jersey every year. This happens when employers fail to pay workers the full amount they have earned. Wage theft can take many forms in the construction industry, from paying below minimum wage to refusing to compensate workers for all hours worked. Construction workers deserve fair pay for their hard work, and New Jersey law provides strong protections against these violations.
Our law firm helps employees understand their rights when facing wage theft. Workers in Bergen County and throughout New Jersey often don’t realize they’ve been cheated until they compare their paychecks with what they should have earned. Wage theft is illegal under both state law and federal law, and workers have options to hold employers accountable. Our Paramus employment lawyers have extensive experience handling wage and hour violations for construction workers.
Construction companies sometimes try to justify paying less than required wages by claiming workers are independent contractors or by using other excuses. These tactics don’t change the fact that workers are entitled to fair pay. Our employment law attorney team works to hold employers accountable when they violate wage and hour laws. We represent workers throughout Bergen County in cases involving unpaid overtime, minimum wage violations, and other employment disputes.
THE FAIR LABOR STANDARDS ACT AND ITS POLICIES ON OVERTIME
The Fair Labor Standards Act (FLSA) is a law passed by the United States government that sets standards for overtime pay, minimum wage, child labor, and recordkeeping. Some employees are “exempt” from overtime pay, meaning that they are not protected by overtime regulations. A few of these jobs include executive positions, outside sales representatives, and administrative positions. The FLSA provides that its exemptions do not apply to “blue-collar workers” or manual laborers who perform tasks that require employees to work with their hands and physically exert themselves. Employees who are protected by the FLSA include:
- Construction workers
- Longshoremen
- Operating engineers
- Carpenters
- Mechanics
- Plumbers
- Electricians
- Iron workers
- Craftsmen
The employees listed above are entitled to minimum wage and compensation for overtime work performed. No matter how high their salaries may be, they are still protected by the FLSA. They must be paid at least the federal minimum wage of $7.25 per hour. New Jersey law dictates that the minimum wage in the state is $15.13 per hour. Work that is considered overtime is defined as all hours worked that exceed the 40-hour work week. It is calculated as minimum wage multiplied by time and a half. There are no specific standards for weekends or holidays. For example, some employers pay workers double time for working holidays. This is not required by the FLSA but rather is an individual choice by an employer.
Common Employment Law Violations in Construction
Employment law protects construction workers from many types of illegal treatment beyond just wage issues. Employment discrimination happens when workers are treated differently because of their race, age, religion, gender identity, sexual orientation, marital status, national origin, or other protected characteristics. Federal law and New Jersey employment law both prohibit discriminatory practices in hiring, firing, promotions, and job duties. Our employment lawyers represent workers who face unfair treatment on construction sites throughout Bergen County.
Workplace harassment creates a hostile work environment that makes it difficult or impossible for workers to do their jobs. Sexual harassment includes unwanted sexual advances, inappropriate comments, or other conduct of a sexual nature. Workplace harassment can also be based on race, religion, national origin, or other factors. New Jersey takes these violations seriously, and workers have the right to work in an environment free from harassment. Our law firm helps protect employees who experience workplace harassment or workplace misconduct.
Wrongful termination occurs when an employer fires a worker for illegal reasons. Construction workers cannot be fired because of their protected characteristic or because they complained about safety violations or wage theft. Wrongful termination also includes being fired for reporting workplace misconduct or refusing to do something illegal. Our Paramus employment lawyers help workers hold employers accountable when they are fired illegally. We handle wrongful termination cases in state and federal courts throughout New Jersey.
Retaliation and Whistleblower Protections for Construction Workers
New Jersey workers have the right to speak up about problems without fear of punishment. Retaliation claims arise when employers punish workers for engaging in legally protected activities. These activities include complaining about wage violations, reporting workplace misconduct, or cooperating with government investigations. The Conscientious Employee Protection Act (CEPA) is New Jersey’s main whistleblower law, protecting workers who report illegal or unsafe practices. Our employment law attorney team helps workers who face retaliation.
Construction sites can be dangerous places, and workers need to feel safe reporting hazards without fear of losing their jobs. Federal law and state law both protect employees who report safety violations or other illegal conduct. Employers cannot fire, demote, reduce pay, or otherwise punish workers for speaking up. Our law firm represents workers throughout Bergen County who face retaliation for doing the right thing. We help employees understand their rights under the Conscientious Employee Protection Act and other whistleblower laws.
Reporting workplace misconduct is not just a right but sometimes a responsibility. Workers who witness wage theft, discrimination, sexual harassment, or safety violations should not have to choose between their job and their conscience. New Jersey employment protections ensure that workers can report problems without losing their livelihoods. Our Paramus employment lawyers fight to hold employers accountable when they retaliate against workers who speak up about workplace misconduct or other violations.
Disability Discrimination and Reasonable Accommodations in Construction
Construction workers with disabilities have rights under New Jersey law and federal law. Employers must provide reasonable accommodations to qualified workers with disabilities unless doing so would cause undue hardship to the business. Reasonable accommodations are changes to the work environment or job duties that allow workers with disabilities to perform their jobs. Examples include modified work schedules, assistive equipment, or reassignment to vacant positions. Employment discrimination based on disability is illegal.
Age discrimination also affects construction workers, particularly those over 40. Employers cannot refuse to hire, fire, or treat older workers differently because of their age. The federal Age Discrimination in Employment Act and New Jersey anti-discrimination laws protect employees from age discrimination. Our employment lawyers handle cases where construction workers face discrimination because of their age or disability. We work to ensure all workers are treated fairly regardless of their protected characteristic.
Many construction employers don’t understand their obligations to provide reasonable accommodations or may try to avoid these responsibilities. Workers who request accommodations should not face unfair treatment or retaliation. Our law firm helps workers throughout Bergen County get the accommodations they need and fights back when employers engage in employment discrimination. We handle employment cases involving disability, age, and other forms of discrimination.
Employment Contracts and Non-Compete Agreements in Construction
Employment contracts set out the terms of the relationship between workers and employers. These contracts can include information about pay, benefits, job duties, and termination conditions. Some construction workers sign employment contracts that include restrictive covenants like non-compete agreements. Non-compete agreements limit where workers can work after leaving their current employer. Our employment law team reviews employment contracts to make sure workers understand what they’re signing.
New Jersey has specific rules about non-compete agreements and other restrictive covenants. These agreements must be reasonable in scope, duration, and geographic area. Courts in New Jersey will not enforce non-compete agreements that are too broad or that prevent workers from earning a living. Our Paramus employment lawyers help workers understand their employment contracts and fight back when employers try to enforce unreasonable non-compete agreements. We also help workers negotiate better terms in employment contracts.
Severance agreements are another type of contract that construction workers may encounter. Severance agreements outline the terms when a worker leaves a company, usually including payment in exchange for giving up certain legal rights. Workers should never sign severance agreements without fully understanding what they’re agreeing to. Our law firm reviews severance agreements and helps workers negotiate fair terms. We make sure workers don’t give up important rights without proper compensation.
How Employment Law Protects Construction Workers in New Jersey
Employment law in New Jersey provides strong protections for construction workers. These laws cover everything from fair pay to protection against employment discrimination and wrongful termination. New Jersey employment law often goes beyond federal law to give workers additional rights and protections. Understanding these laws helps workers recognize when their rights have been violated and take action to hold employers accountable. Our employment lawyers stay current on all changes to employment law in New Jersey.
Both state law and federal law work together to protect employees. The Civil Rights Act prohibits discrimination based on race, color, religion, sex, and national origin. New Jersey law adds protections for gender identity, sexual orientation, marital status, and other characteristics. The combination of state and federal protections means New Jersey workers have some of the strongest employment rights in the country. Our law firm uses both state law and federal law to fight for workers’ rights.
Employment law matters can be complex, and many workers don’t know where to turn when they face problems at work. Our Paramus employment lawyers help workers throughout Bergen County with all types of employment related matters. From wage and hour issues to discrimination and wrongful termination, we handle the full range of employment law cases. We represent workers in federal courts, state courts, and before administrative agencies like the Equal Employment Opportunity Commission.
Resolving Employment Disputes for Construction Workers
Resolving disputes between construction workers and employers requires knowledge of employment law and experience handling employment cases. Our employment law attorney team works to resolve employment disputes through negotiation when possible, but we’re always prepared to go to court when needed. Many employment disputes can be settled without a trial, saving time and money for everyone involved. However, some employers refuse to do what’s right, and that’s when having experienced employment lawyers becomes important.
Our law firm handles employment disputes of all types for construction workers. Whether you’re dealing with wage theft, discrimination, sexual harassment, or another issue, we have the knowledge and experience to help. We work with workers throughout Bergen County and across New Jersey to protect their rights. Our founding attorney has spent years representing workers in employment matters, and we bring that extensive experience to every case we handle.
Contract negotiation is another area where our employment lawyers help construction workers. Before signing any agreement, workers should understand their rights and obligations. We help with contract negotiation for employment contracts, severance agreements, and other agreements. We also help workers resolve employment disputes that arise from contract issues. Having legal help during contract negotiation can prevent future problems.
Working with Employment Lawyers in Bergen County
Construction workers facing employment law problems need experienced legal help. Our Paramus employment lawyers understand the unique challenges construction workers face and know how to fight for their rights. We handle cases involving wage violations, discrimination, wrongful termination, retaliation claims, and other employment law matters. Our law firm serves workers throughout Bergen County and across New Jersey, providing strong representation in employment cases.
Employment law can seem complicated, but our employment lawyers make it understandable. We explain your rights in plain language and help you make informed decisions about your case. Whether you need help with wage theft, workplace discrimination, sexual harassment, or another issue, we’re here to help. Our civil trial attorney has experience in both state and federal courts, giving us the ability to represent you wherever your case needs to go.
Many construction workers worry about the cost of hiring employment lawyers, but most employment law cases are handled on a contingency basis. This means you don’t pay unless we win your case. We offer free consultations so you can learn about your options without any financial risk. Our law firm believes all workers deserve access to quality legal representation, regardless of their financial situation. Contact us to discuss your employment law matter.
The Equal Employment Opportunity Commission and Your Rights
The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws in the workplace. Construction workers who experience employment discrimination may need to file a charge with the Equal Employment Opportunity Commission before filing a lawsuit. The EEOC investigates claims of discrimination based on race, color, religion, sex, national origin, age, disability, and genetic information. Our employment lawyers help workers through the EEOC process and represent them in court if needed.
Filing a charge with the Equal Employment Opportunity Commission is often the first step in an employment discrimination case. The EEOC will investigate your claim and may try to help you and your employer reach a settlement. If the EEOC cannot resolve the issue, it will give you a right-to-sue letter that allows you to file a lawsuit in federal court. Our Paramus employment lawyers guide workers through each step of this process and protect their rights along the way.
Understanding Your Rights Under New Jersey Employment Law
New Jersey employment protections are among the strongest in the nation. New Jersey law prohibits discrimination based on many protected characteristics and provides remedies for workers who experience unfair treatment. The New Jersey Law Against Discrimination covers all employers regardless of size, unlike some federal laws that only apply to larger companies. This means even workers at small construction companies have full protection under New Jersey employment law.
New Jersey wage and hour laws also provide important protections. These laws require employers to pay overtime for hours worked beyond 40 per week and set minimum wage requirements. New Jersey’s hour regulations help ensure construction workers receive fair pay for all time worked. When employers violate these laws, workers can take legal action to recover what they’re owed plus additional damages.
Frequently Asked Questions About Construction Worker Rights
What Should I Do If My Employer Doesn’t Pay Me Overtime?
Contact an employment law attorney immediately if your employer refuses to pay overtime. Under the Fair Labor Standards Act and New Jersey law, most construction workers are entitled to time-and-a-half pay for hours worked over 40 in a week. Keep detailed records of all hours worked, including start and end times. Our Paramus employment lawyers can review your situation and help you recover unpaid overtime wages. You may be entitled to back pay, liquidated damages, and attorney’s fees.
Can My Employer Fire Me for Complaining About Safety Violations?
No. New Jersey law protects workers who report safety violations or other illegal conduct. The Conscientious Employee Protection Act makes it illegal for employers to retaliate against workers for reporting workplace misconduct. If you’ve been fired or punished for speaking up about safety issues, contact our law firm right away. We help workers file retaliation claims and hold employers accountable for illegal retaliation.
How Long Do I Have to File a Wage Claim in New Jersey?
The time limit for filing a wage claim depends on the type of violation and which laws apply. Generally, you have two years under the Fair Labor Standards Act or six years under New Jersey contract law. However, these deadlines can be complicated, and waiting too long could mean losing your right to recover unpaid wages. Contact our employment lawyers as soon as possible to protect your rights and ensure you don’t miss any important deadlines.
What Types of Damages Can I Recover in an Employment Case?
Depending on your case, you may recover back pay, front pay, compensatory damages for emotional distress, punitive damages, and attorney’s fees. In wage and hour cases, you may also recover liquidated damages equal to the amount of unpaid wages. Our employment law attorney team will evaluate your case and explain what types of damages may be available. We work to get you the maximum compensation possible for the harm you’ve suffered.
Do I Need a Lawyer to File a Complaint with the EEOC?
While you can file a charge with the Equal Employment Opportunity Commission without a lawyer, having legal representation is strongly recommended. Our employment lawyers know how to present your case effectively to the EEOC and can help you avoid common mistakes that could hurt your claim. We also ensure you meet all deadlines and follow proper procedures. Many workers find that having a lawyer involved leads to better results in their employment discrimination cases.
Are Small Construction Companies Required to Follow Employment Laws?
Yes. While some federal laws only apply to employers with a certain number of workers, New Jersey employment laws generally cover all employers regardless of size. This means even if you work for a small construction company, you’re protected against discrimination, wage theft, and other violations. Our law firm represents workers who work for companies of all sizes throughout Bergen County and New Jersey.
PARAMUS, NEW JERSEY CONSTRUCTION EMPLOYEE UNPAID WAGES ATTORNEY
If you believe that your wages were tampered with, you were misclassified according to your craft, or you were not justly compensated for hours worked, contact an employment law attorney right away. A Paramus, New Jersey construction employee attorney can give you an honest assessment of your wage claim and can help walk you through the filing process. You deserve to be fairly compensated for the hours you spend at work. An unpaid wages attorney at the Law Offices of Usmaan Sleemi provides high-quality legal services to employees with wage violations and unpaid overtime claims. Call the Law Office of Usmaan Sleemi today at (201) 345-3446 and set up a free and confidential consultation.