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How to File a Wage and Hour Claim in New Jersey

Posted on behalf of James Lynch on September 17, 2018  in Labor and Employment News. Updated on March 2, 2022

company payrollIf you believe your employer failed to adequately pay you, you may be entitled to compensation by filing a wage and hour claim. However, New Jersey has strict laws and regulations regarding the proper payment of wages to employees.

Employers that violate New Jersey’s labor laws deserve to be held liable for their actions. A skilled wage and hour lawyer in New Jersey will understand when a wage violation has occurred and help you file a claim against your employer.

To learn more, schedule a free, no obligation consultation with Lynch Law Firm, PC as soon as possible. Our trusted team of attorneys is qualified to handle many types of labor violations and will help you pursue the justice and compensation you deserve.

Types of Wage and Hour Violations

Unfortunately, employees are often susceptible to many different types of wage and hour violations. Some of the most common types of labor violations committed by employers include:

  • Paying employees less than New Jersey’s minimum wage of $8.60 per hour
  • Failing to pay employees overtime compensation of one and one half times their regular hourly wages
  • Requiring employees to work off-the-clock
  • Neglecting to paying for hours worked
  • Not paying employees earned bonuses or commissions
  • Failing to provide a terminated employee his or her final payment
  • Misclassifying employees to pay them less

How Do I File a Wage and Hour Violation Claim in New Jersey?

You can report a wage and hour violation with New Jersey’s Department of Labor and Workforce Development. The form that you need to complete depends on your job and the type of claim you are filing:

  • Form MW-31A – Use this form if you are working for a New Jersey company and you were not paid the proper amount of wages.
  • Form MW-31B – This form is for employees of construction-related public works project or you provide building services for a property in New Jersey.
  • Form MW-31OT – Use this form if you are a health care worker such as a nurse, home health aide or nursing assistant and you were required to improperly work overtime.
  • Form MW-31C – This form is for other types of employment claims, such as issues involving criminal records, which are enforced by Wage & Hour.

How Long Do I Have to File a Claim?

In New Jersey, you have a limited amount of time to file a claim for a wage and hour violation. The New Jersey Department of Labor and Workforce Development requires that report a wage and hour violation within two years from the date the violation occurred.

However, it may be in your best interest to contact an attorney before the two-year deadline runs out. An experienced lawyer will help you understand your claim and work to obtain the wages you deserve.

How Can an Attorney Help Me?

An employment law attorney can assist you in many ways while you are disputing a wage and hour violation with an employer. Your attorney will help guide you through the claims process and help you accurately file a report within New Jersey’s two-year deadline.

Your attorney will also help you gather evidence to establish your claim, such as time sheets, timecard printouts, payroll records and other employment records. If your employer fails to pay you the wages you deserve, an attorney can file a complaint in court and seek full recovery for your lost wages.

Contact Lynch Law Firm, PC for a Free Consultation

If you were not fully paid the wages you earned, it is important that you have a qualified attorney on your side who can represent your interests.

The Lynch Law Firm, PC’s dedicated attorneys are experienced in pursuing wage and hour claims. We will work on your behalf to help you obtain the wages you have earned.

Contact us today to schedule a free, no obligation consultation. There are no upfront charges for hiring our attorneys and we only get paid for representing your claim if we recover compensation for your lost wages.

Complete a Free Case Evaluation form today.

* Results may vary depending on your particular facts and legal circumstances.

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