Ten things that every worker should know about wage claims Lina Stillman

In New Jersey, the minimum wage is $ 8.38 per hour and in 2017, it will increase to 8.44 per hour. In the case of overtime, you have the right to be paid one and a half times the salary for hours worked after 40 hours. For example, if in 2017 you earn a minimum wage, you will have to compensate each hour worked after 40 hours per week with a rate of $ 12.66, unless you have an exempt job. The exempt categories include all executive and professionally trained workers, as well as external sales personnel. However, these exceptions must be applied very strictly. If you have any questions about whether you have the right to pay overtime, you should contact Legal Services. If you think you have been paid improperly for your work, this article lists 10 things you should know about it!

According to Lina Stillman you can file a wage claim for wages that were not paid in previous years. Filing a wage claim while you're still working can be scary. The good news is that the salary law allows two years to be returned to claim violations of the minimum wage and overtime - and three years if the employer committed a deliberate violation. In the case of unfulfilled promises of payment, you can go back up to six years. The law also protects you from possible retaliation if you file a lawsuit or talk to others about wages and working conditions.

There is more than one way to file a wage claim. The filing of a claim can be formal or informal. For small claims, in New Jersey you can file in person with the Department of Labor. The complaint form is available on the Wage & Hour page of the Department of Labor. In that process, you can obtain a hearing before the agency. You can also get a lawyer and file the lawsuit either in a state or federal court. You can contact Legal Services for advice on what is the best approach to your case or see if you qualify for help.

You can file a claim, even if you do not have an accurate list of hours worked. Legally, it is the employer's responsibility to keep track of hours worked. If there is no accurate record, a reasonable estimate of the hours you have worked is sufficient to file a claim. The Supreme Court of the USA It has made clear that in cases where there is no list, the burden of proof lies with the employer to show that the reasonable testimony you give about the hours worked is incorrect.

In wage demands, large companies cannot hide behind subcontractors. Sometimes, the employer uses a subcontractor or several corporations to try to hide before a collection activity for lack of salary payments. Sometimes, to evade responsibilities, an employer that has more assets uses a contractor as protection. The good news is that individual owners, administrators and corporate officers may be responsible for a lack of salary payment. If the business moves or changes its name, and the owner is managing a new business, you can still file a claim against that individual owner, even if the corporation no longer exists. Also, in your wage claim, you can include both the subcontractor who did not pay you the right wages and the larger company that you depend on.

Occasionally, salaried employees have the right to pay overtime. The fact that you are paid a salary does not mean that you are exempt from the rules that govern the minimum wage and overtime. If you are doing a major job in the company, and administration is not a primary duty, you could be entitled to one and a half times the salary for each hour of work after 40 hours per week. It is a good idea to keep a list of hours worked, even if your employer is paying you for salary or a fee for homework.

The employer cannot evade wage laws simply because it says that you are an independent contractor. Not only because your employer says that you are an independent contractor makes you one, even if you have signed a contract or form that indicates it. If you are supervised, or do not have an independent business, you are probably an employee. According to a test called "ABC," the judge may consider you an employee, even if you signed an agreement stating that you are an independent contractor. This is important because the rights of workers are different from the rights of contractors. Every worker has the right to be paid a minimum wage and overtime, unemployment benefits and compensation for work.

You can also ask for money for damages, as well as attorney's fees. According to federal law, when an employer has violated the wage law, you can get the wages owed to you, plus an equal amount in damages. The law also establishes that if the law is being broken, the employer has to pay the fees of his lawyer.

The fact that you are not paid by the hour does not mean that you do not have the right to pay overtime. Often, some workers are paid by commission, a piece rate, or a task rate, and these workers are usually entitled to a minimum wage and overtime. Just because you are not paid by the hour, does not mean that you do not have the right to pay overtime.

All undocumented workers are entitled to the same protection as other workers. The wage law protects all workers, regardless of their immigration status in the United States-and rightly so. Lack of protection for immigrant workers would give unscrupulous employers more incentive to hire people who may be abused. Therefore, without taking into account the migratory status, every worker, whether citizen or undocumented, can file wage demands.

For more information or to see if you qualify for services or call our toll-free number for the entire state, by dialing 1800-933-5620