Hackensack Wage Hours Claims Attorney
Lawyer Getting You Fair Pay For Your Work
As an employee, you have the right to expect fair pay for the work you put in. That includes overtime pay. Unfortunately, some employers attempt to protect their bottom lines by finding opportunities to avoid paying workers. Often, they violate the law. Thankfully, they can be held accountable for these violations, and you may be able to pursue compensation.
For more than 30 years, employees in Bergen County and throughout New Jersey have turned to me, attorney Stephen Roger Bosin, to help them get the back pay they are owed by their employers. As a trial attorney, I am positioned to take on even the biggest opponent in order to get a fair outcome for your wage and hour claim.
Unpaid Sales Commissions
Are you employed as a salesperson who is compensated, in full or in part, by commissions, and whose employer has retroactively changed your commission structure in order to stiff you out of your hard-earned money? If so, your employer may be in violation of state and federal wage laws, breach of contract, and possibly, fraud. A New Jersey employer cannot reduce an employee's compensation by changing the method of calculating earned sales commissions without any prior notice to the employee.
If you are employed as a salesperson, and your employer retroactively changed how you are to be paid your sales commission, you may have legal recourse to recover the money that is owed to you.
The New Jersey Wage Payment law requires that employers pay the full amount of wages due to their employees on regular paydays. Wages are defined by the law as the direct monetary compensation for labor or services rendered by an employee, which includes sales commissions. Supplementary incentives and discretionary bonuses are not considered wages. Prior to changing the method of how to calculate an employee's sales commissions, an employer must first advise the employee of the change. Failure to do so, will give rise to liability under the New Jersey Wage Payment Law in addition to a potential claim of breach of contract.
Employers are also prohibited from taking retaliatory action against employees for complaining about unpaid sales commissions that are due and owing from the employer. Under the New Jersey Conscientious Employee Protection Act ("CEPA"), employers cannot take adverse employment action against an employee for complaining or threatening to disclose to a public body that they are owed an unpaid sales commission if the employee has a reasonable belief that the sales commission was earned and is outstanding.
If an employer takes retaliatory action, such as a demotion or termination, in response to such a complaint, disclosure, or threatened disclosure, the employer may be liable for the damages their unlawful actions have caused to the employee, as well as the attorney fees and costs of suit.
How Employers Avoid Paying Employees
My experience has shown me that there are countless ways for employers to avoid paying workers. However, there are some common problems.
One of the most common methods employers use to avoid paying overtime is by misclassifying an employee as exempt. In other words, they misclassify an employee as a salaried worker, rather than an hourly worker. While there is variation in different occupations, for the most part, employees should not be classified as exempt from overtime unless they are managers.
This does not mean that they simply need to have the title of manager. The employee actually has to perform management duties as part of his or her job. If you have been classified as a salary worker in error and believe that you are due overtime pay, enlist me as your lawyer, and I can help you seek compensation.
Other cases of employers avoiding paying employees are more obvious. They may require employees to arrive early to engage in prep work, for which the employee is not paid. They may force the employee to work through unpaid breaks or lunch periods. If you have done any work for which you were not paid, I am prepared to help.
Free Review Of Your Wage and Hour Claim
I will review your wage and hour claim for free. I will verify that you have not been properly paid, and I will educate you about your options for seeking compensation for unpaid wages. Call me or contact me by email.