Wage and Hour

Wage and Hour Attorneys in New Jersey

The New Jersey Department of Department of Labor and Workforce Development Division of Wage and Hour Compliance regulates workplace labor standards and enforces labor laws concerning conditions of employment and the payment of wages. If an employee feels they have not been properly paid by their employer, or if an employer is faced with an employee lawsuit due to a dispute about wages, the attorneys at Einhorn Harris can help in:

• Filing or defending wage claims;
• Advising clients with regard to the investigative and litigation process; and
• Educating clients on minimum and prevailing wage rates, among other issues and concerns.

If you are an employer or a complainant, you have the right to appeal a decision or outcome of a Division of Wage and Hour investigation. Your attorney will help you work with the Division of Wage and Hour Compliance to resolve the dispute.

Minimum Wage

In the state of New Jersey, the hourly minimum wage is currently $7.25 per hour. Additional wage regulation is provided by The New Jersey Prevailing Wage Act, which protects construction workers such as carpenters, plumbers, power equipment operators, and laborers. The law states that “Covered workers must receive the appropriate craft prevailing wage rate [basic hourly rate of pay and benefits] as determined by the Commissioner of Labor and Workforce Development.”

Garnishment

When a person’s earnings are withheld by an employer to pay a debt, this is called “Wage Garnishment.” Title III of the Consumer Credit Protection Act (CCPA) applies to everyone who receives personal earnings, including but not limited to wages, commissions and bonuses, and to their employers.  The law prohibits an employer “… from discharging an employee whose earnings have been subject to garnishment for any one debt, regardless of the number of levies made or proceedings brought to collect it.”  Title III also limits the amount of earnings that may be garnished in any one week. But if the employee’s earnings are subject to garnishment for a second, third or subsequent debts, that employee is no longer protected from discharge.

In New Jersey, garnishment may not exceed 10% of gross salary and disposable weekly earnings must be more than $154.50 per week or $309.00 every 2 weeks.

Overtime

With the exception of executives, administrators and professionals, in New Jersey employees who work more than 40 hours a week must receive “time and a half,” (one and one half times the regular wage), for every hour worked in excess of 40. Whether employees are paid by the hour or they receive a salary (unless exempt), they are entitled to receive overtime pay.

If you believe your employer has failed to pay you for overtime, which is your right, contact the employment law attorneys at Einhorn Harris. Our attorneys are experienced in working with individuals or employers in disputes involving the violation of rights with regard to overtime pay.

We also advise employers with regard to the state and federal statutes governing their responsibilities to employees who work overtime and defend employers when they must appear in court or any administrative agency.

Given the complexities of Wage and Hour issues in New Jersey, we advise you to contact one of our experienced employment attorneys at Einhorn Harris today at 973-627-7300. We handle employment and business issues throughout New Jersey.