Paramus Wage and Hour Disputes Attorney
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OVERTIME
THE STANDARD WORK WEEK IS DEFINED AS 40 HOURS OF WORK.
Employees should be paid all wages that they earn. That is the law, but too many employers are unaware of their legal obligations, or they try to cheat workers out of wages. Contact the Law Offices of Usmaan Sleemi today to speak with an experienced lawyer about whether you are owed wages. Our Paramus wage and hour disputes attorney can investigate and help bring a legal claim for unpaid compensation.
Understanding Overtime Pay in New Jersey
Overtime laws at the state and federal level ensure that non-exempt workers receive additional pay if they work more than 40 hours in a week. The federal Fair Labor Standards Act of 1938 sets a floor, which no state can go below. New Jersey has also adopted the State Wage and Hour Law, establishing additional standards.
These laws require that overtime be paid at 1.5 times the workers’ normal hourly rate for each hour worked over 40 in a week. Someone who makes $24.00 an hour should earn $36.00 for any hours over 40 in the workweek.
One misconception is that few workers are eligible for overtime, but the law is the opposite. Unless you are exempt, you must be paid overtime.
In New Jersey, only outside salespeople or those who work in certain administrative, executive, or professional jobs are exempt. Many workers are unsure if they are owed overtime, so it is always best to check.
Employers sometimes use different strategies to avoid paying overtime compensation, including:
- Constantly shifting what qualifies as a work week so that you never go over 40 hours
- Averaging hours over multiple weeks
- Overtime “flex time” or “comp time” instead of overtime pay
- Claiming you are exempt when you are not
- Misclassifying you as an independent contractor when you are an employee
Identifying Minimum Wage Violations
New Jersey has also established a minimum wage. The current minimum is higher than the minimum required by the federal government. As of 2026, the minimum wage for most employees is $15.92, unless they work as seasonal employees or for a small employer.
An employer sometimes fails to pay minimum wage, often by misclassifying a worker as a contractor or claiming they are otherwise exempt. Many hourly employees do not understand how to read their pay stub, or they receive no printed document telling them the hours they worked.
FAQs about Paramus Wage and Hour Disputes
What is the minimum wage for a tipped worker in New Jersey?
As of 2026, the minimum wage is $6.05 an hour for tipped workers. If your cash wage plus tips do not equal the state’s minimum, then your employer must make up the difference.
How can I receive unpaid wages in New Jersey?
You can file a claim with the New Jersey Division of Wage and Hour Compliance. They will reach out to your employer to gather information about the claim. Workers can often receive back wages and liquidated damages.
Are independent contractors in New Jersey entitled to overtime?
No. However, you might be misclassified. New Jersey uses the ABC test to determine if you are really an employee or an independent contractor. This test looks closely at the amount of control over your work, where the work is performed, and whether you have an established business.
Speak with a Paramus Wage and Hour Disputes Attorney
Our firm knows how to make a legal claim for unpaid wages. We can gather all relevant evidence and submit a claim on your behalf. Contact our office to schedule a consultation by calling 973-866-9415.