Unpaid Overtime and Double Back Pay
The Fair Labor Standards Act (FLSA) is a federal law that sets wage and hour standards, including overtime regulations. A worker who is not properly paid overtime wages under the FLSA has the right to seek compensation for their damages—and that includes double back pay. Here, our New Jersey unpaid overtime lawyer explains the key things to know about double back pay as a remedy under the FLSA.
Non-Exempt Employees Must Be Paid Overtime Wages for Overtime Work
New Jersey follows the federal FLSA for overtime pay regulations. Under the FLSA, non-exempt workers in our state must be offered overtime pay for overtime work. That is defined as work in excess of 40 hours per week in a given weekly period. The rate for these additional hours must be at least one and a half times the employee’s regular hourly rate. Employers must correctly classify workers to ensure compliance. An employer in New Jersey that misclassifies a worker as overtime exempt may be in violation of the FLSA. They could face liability for unpaid overtime.
Understanding Liquidated Damages Under the FLSA
The FLSA allows workers to pursue liquidated damages for unpaid overtime. Broadly defined, the liquidated damages provision of the law permits affected workers to recover double back pay. In other words, they can seek double the amount of the overtime that they should have been paid. For example, if an employee in Monmouth County is owed $500 in unpaid overtime, they may also be entitled to an additional $500 as liquidated damages through a legal claim. They could seek compensation for $1,000 for unpaid overtime under the FLSA. If you have specific questions about double back pay as a remedy, a New Jersey unpaid overtime lawyer can help.
Employer Defense Against a Claim Double Back Pay for Unpaid Overtime
Of course, an employer in New Jersey has the right to raise a defense against an unpaid overtime claim or any other type of wage and hour case. The claim could be defended on the grounds that no violation occurred at all and, as such, there is no liability. Alternatively, the employer could acknowledge a wage and hour violation but also assert that double back pay is not a proper remedy given the specific circumstances of the case. In cases of unpaid overtime, employers might avoid paying double back pay by proving a reasonable, good faith belief that they were in compliance with wage and hour. The defense requires demonstrating that the employer actively sought to understand and follow the law—typically through efforts like consulting legal counsel. If successful, the employer might only be required to pay the owed overtime without the additional equal amount typically imposed as liquidated damages.
Speak to Our New Jersey Wage and Hour Attorney Today
At Poulos LoPiccolo PC, our New Jersey wage and hour attorneys are committed to providing solutions-focused advocacy to clients. If you have any questions about unpaid overtime and liquidated damages, we are here to help. Contact us right away for a fully confidential case review. We provide wage and hour representation throughout New Jersey.
