New Jersey Wage Theft Lawyer
Wage theft is a pervasive problem affecting workers across New Jersey. When an employer withholds rightful compensation, fails to pay overtime, misclassifies workers, or commits other wage and hour violations, the consequences can be devastating. For many workers, it’s not just about the money—it’s about fairness, dignity, and survival. At Greenberg Gross LLP, our wage theft lawyers are dedicated to holding employers accountable and fighting for workers who have been cheated, shortchanged, or retaliated against.
If you’ve lost wages due to wage and hour violations or believe your rights under New Jersey’s wage laws have been violated, you may have legal recourse. Our firm focuses on representing employees—not employers—in wage theft claims, workplace retaliation cases, and other employment disputes.
Understanding Wage and Hour Violations
Wage and hour violations occur when an employer fails to comply with federal or state labor laws concerning compensation. In New Jersey, wage laws are governed by a combination of state-specific legislation and federal laws like the Fair Labor Standards Act (FLSA). These laws define how and when workers must be paid, including requirements around minimum wage, overtime pay, and classification of workers.
Some of the most common wage and hour violations include:
- Failure to pay the New Jersey minimum wage
- Not providing overtime pay for hours worked beyond 40 in a week
- Misclassifying employees as independent contractors
- Denying earned back pay or refusing to pay for every hour worked
- Unlawful deductions from wages or delayed wage payments
New Jersey laws provide workers with strong legal protections against these violations. Employers who violate these statutes may be required to pay unpaid wages, liquidated damages, attorney’s fees, and, in some cases, emotional distress or punitive damages.
Types of Wage Theft Cases We Handle
Unpaid Wages and Minimum Wage Violations
If your employer failed to pay you the New Jersey minimum wage or withheld regular compensation, that’s wage theft. This includes not paying for training, travel time, or hours you were required to be on-site but not clocked in. You may be entitled to back pay and additional compensation under both state and federal law.
Overtime Violations
New Jersey employers must pay time-and-a-half for overtime. If your employer failed to provide overtime pay after 40 hours in a workweek, you may have a claim. Workers misclassified as exempt from overtime may also be eligible for unpaid overtime and liquidated damages.
Misclassification of Employees
Labeling employees as “independent contractors” to avoid paying benefits, taxes, and overtime is illegal. Misclassified workers may be entitled to compensation for unpaid overtime and other lost wages. Greenberg Gross LLP helps workers establish the existence of an employment relationship and recover what they’re owed.
Late or Missing Wage Payments
Delays in issuing paychecks or refusal to pay final wages are violations of the New Jersey Wage Payment Law. These violations may be considered a disorderly persons offense, and employers can be held liable for every missed payment, along with additional damages.
Workplace Retaliation and Unlawful Termination
Employees who speak up about wage and hour violations often face workplace retaliation or are wrongfully terminated. New Jersey’s Conscientious Employee Protection Act (CEPA) and other state laws make it unlawful for an employer to retaliate against a worker who files a complaint or cooperates with a governmental agency. If you’ve suffered unlawful retaliation, you may be entitled to reinstatement, back pay, and more.
What to Expect When You File a Wage Theft Claim
Filing a wage theft claim requires clear and convincing evidence of wrongdoing. This may include pay stubs, time records, job duties, and employer communications. Our attorneys will review your documentation and work with you to determine the best legal path—whether it involves filing a complaint with the New Jersey Department of Labor, pursuing civil court action, or negotiating directly with your former employer.
In many cases, successful claims result in not only payment of lost wages but also liquidated damages, attorney’s fees, and compensation for emotional distress. In severe cases, punitive damages may be awarded to punish especially egregious behavior.
Greenberg Gross LLP’s Approach to Wage Theft and Retaliation
Greenberg Gross LLP takes a comprehensive and aggressive approach to representing workers. We understand how wage theft impacts every aspect of your life—your ability to pay rent, support family members, and meet basic needs. That’s why we fight for every dollar you’ve earned.
Our lawyers have deep experience with wage and hour law, and we build each case with careful attention to detail. We are able to pursue all available legal remedies, including claims before the Jersey Department of Labor, actions in court, and resolution through administrative complaints. Our attorneys do not tolerate violations of wage rights and are determined to hold every employer accountable.
From the moment you contact us, we work to create an attorney client relationship rooted in trust, clarity, and relentless advocacy. We represent New Jersey employees from all industries and job types, whether full-time, part-time, temporary, or gig workers.
Know Your Rights as a Worker
New Jersey workers have the right to be fairly compensated for every hour worked. They also have the right to be free from retaliation, to receive accurate wage statements, and to dispute violations without fear. If your employer violated these rights, the law is on your side.
In addition to state protections, federal laws such as the FLSA provide nationwide standards for compensation, including protections for vulnerable groups like undocumented workers, those paid in cash, or low-wage laborers. Wage theft is a serious legal issue, and you deserve justice.
The Consequences for Employers
Employers who commit wage theft can face substantial financial penalties. These include:
- Payment of back wages
- Liquidated damages equal to unpaid wages
- Reimbursement of attorney’s fees and court costs
- Civil penalties imposed by the New Jersey Department of Labor
- Possible criminal charges for repeat or flagrant violations
Employers who retaliate may be required to reinstate employees or pay additional damages for lost jobs, emotional distress, and reputational harm.
Ready to Reclaim Your Hard-Earned Wages?
Every dollar matters when you’re working hard to support yourself and your loved ones. Don’t let wage theft go unchallenged. Greenberg Gross LLP is ready to fight for you. Our experienced legal team is committed to helping workers across New Jersey stand up to unlawful employers and recover what’s rightfully theirs. If you believe you’ve been underpaid, misclassified, or retaliated against, reach out today.
Frequently Asked Questions
What qualifies as wage theft in New Jersey?
Wage theft includes any situation where an employer fails to pay what you’re legally owed—this may include minimum wage violations, unpaid overtime, unlawful deductions, or misclassification of employees.
How do I know if I’ve been misclassified as an independent contractor?
If your employer controls your schedule, provides equipment, or expects full-time availability, you may be an employee—not an independent contractor. Our attorneys can assess your employment relationship and help determine if you’ve been misclassified.
What are the penalties for employers who violate wage laws?
Penalties may include payment of unpaid wages, liquidated damages, attorney’s fees, emotional distress damages, and possible criminal charges under the disorderly persons offense statute.
Can I be fired for filing a wage theft complaint?
No. It is illegal for your employer to retaliate against you for reporting wage theft or cooperating with a governmental agency. If you’ve suffered retaliation, you may have an additional claim under CEPA or other workplace retaliation laws.
What is the process for recovering unpaid wages?
The process can include filing a formal complaint with the New Jersey Department of Labor, negotiating a private settlement, or taking your case to court. Our attorneys will help you determine the best strategy based on the facts of your case.