Your Guide to Back Pay and the New Jersey Wage and Hour Law

A paycheck problem can build quietly over weeks, months, or even years. Under the New Jersey Wage and Hour Law, workers may have a claim for back pay if their employer failed to pay minimum wage, overtime, promised wages, or other legally required compensation. At Poulos LoPiccolo PC, we have extensive experience handling wage and hour cases. Here, our New Jersey employment lawyer provides an overview of the key things to know about back pay as a remedy and the New Jersey Wage and Hour Law.

Back Pay Covers Wages that Should Have Been Paid

Broadly explained, back pay is the amount of compensation an employee should have received but did not. Under the New Jersey Wage and Hour Law, back pay may include:

• Unpaid minimum wage;
• Unpaid overtime;
• Off-the-clock work;
• Unpaid training time;
• Improper deductions, and
• Compensation lost because an employer failed to follow wage laws.

Notably, New Jersey generally requires covered employees to receive at least the applicable state minimum wage for all hours worked and overtime at one-and-one-half times the regular hourly rate for hours worked over 40 in a workweek, unless a lawful exemption applies.

An Overview of Common Back Pay Claims in New Jersey

Unpaid Overtime

One common back pay issue involves unpaid overtime. Some employers wrongly assume that salaried workers never qualify for overtime. That is incorrect. Overtime eligibility depends on the employee’s duties, pay structure, and exemption status, not job title alone. A worker called a “manager” may still be non-exempt if they primarily perform ordinary production or service work and lack real managerial authority.

Worker Misclassification

Misclassification can also support a back pay claim. If an employer labels a worker as an independent contractor but controls the worker like an employee, the worker may have a claim for unpaid wages, overtime, and related protections. Commission, bonus, and final-pay disputes may also overlap with New Jersey wage law, especially when compensation was earned under an agreement or regular practice.

Off-the-Clock Work

Off-the-clock work is another major issue. Employers cannot accept the benefit of work and then refuse to pay for it. Pre-shift setup, post-shift closing duties, required calls, mandatory meetings, and work performed during meal breaks and rest time that is not paid can all lead to an off-the-clock work violation. New Jersey law allows the worker to pursue compensation for a minimum wage violation and other damages.

Remedies May Go Beyond Unpaid Wages

A New Jersey back pay claim may be worth more than the unpaid wages alone. Depending on the facts, an employee may seek the wages owed, liquidated damages, attorney’s fees, costs, and other available relief. New Jersey wage law can allow liquidated damages of up to 200 percent of the unpaid wages in covered cases. That can turn a wage theft claim into a claim for up to three times the wages originally owed. If you have any specific questions or concerns about remedies, an experienced New Jersey wage and hour lawyer can help.

Contact Our New Jersey Wage and Hour Lawyer Today

At Poulos LoPiccolo PC, our New Jersey employment lawyer has the skills and experience to handle wage and hour claims. If you have any questions about back pay under the New Jersey Wage and Hour Law, we can help. Please do not hesitate to contact us today for a strictly confidential consultation. We handle wage and hour claims statewide in New Jersey.

Source:

nj.gov/labor/wageandhour/tools-resources/laws/