South Jersey Unpaid Overtime Lawyer
Justice. Family. Results.
Protecting South Jersey Workers from Unpaid Overtime For 35 Years
Unpaid overtime is more than a paycheck issue, it’s wage theft. Every year, workers lose millions to employers who either don’t understand the law or choose to ignore it. Our firm has been standing up for South Jersey workers for more than three decades. If your employer refuses to pay you the overtime you’ve earned, you may have the right to recover those wages, plus additional damages. At Castellani Law, we fight for employees who are shortchanged. From our office in Northfield, our South Jersey employment lawyers represent workers across Atlantic, Camden, Burlington, Gloucester, Cape May Counties in overtime disputes under New Jersey and federal law.
Or Call Us Now: (609) 641-2288What Does the Law Say About Overtime in New Jersey?
Overtime protections exist under both federal law and New Jersey state law. These laws work together to ensure employees are paid fairly.
Federal Overtime Law (FLSA)
The Fair Labor Standards Act (FLSA) requires employers to pay time-and-a-half for hours worked over 40 in a workweek, unless the worker is classified as exempt
New Jersey Wage and Hour Law
The New Jersey Wage and Hour Law mirrors federal protections. Employers must pay 1.5 times the regular rate of pay for hours worked beyond 40 in a week.
New Jersey strengthened these protections with the Wage Theft Act of 2019, which expanded penalties for employers who fail to pay wages or overtime. Workers can now recover liquidated damages equal to 200% of the unpaid wages, in addition to back pay, attorney’s fees, and costs
Who Qualifies for Overtime Pay in NJ?
Most employees in South Jersey are legally entitled to overtime, but employers sometimes mislabel them as exempt.
Non-Exempt Employees
Non-exempt employees are generally hourly workers, though many salaried employees also qualify. If you work in retail, hospitality, health care, construction, warehouses, casinos, or education, you are likely covered.
Commonly Misclassified Workers
Employers often misclassify employees as “managers” or “independent contractors” to avoid paying overtime. Title alone does not determine exemption — your actual duties and pay structure matter. If you are regularly working over 40 hours and not receiving overtime, your classification should be reviewed by an attorney.
Common Unpaid Overtime Violations in South Jersey
Employers use many tactics to avoid paying overtime. Some of the most common include:
- Off-the-clock work: Asking employees to set up, clean, or complete paperwork without pay.
- Improper rounding of hours: Rounding time records down to avoid overtime.
- Failure to include bonuses or commissions: Not factoring extra earnings into the overtime rate.
- Automatic lunch deductions: Docking pay even when employees worked through breaks.
- Misclassification: Labeling employees as exempt or as contractors when they qualify for overtime.
Statute of Limitations and Damages in NJ Overtime Cases
In New Jersey, workers can recover unpaid overtime for up to six years under the Wage Theft Act. Federal FLSA claims generally allow recovery of up to two years, or three years for willful violations.
Damages may include:
- Unpaid overtime wages
- Liquidated damages (double or triple damages under state law)
- Attorney’s fees and court costs
- Interest on unpaid wages
This means your recovery can be significantly more than just the wages you were denied.
How a South Jersey Unpaid Overtime Lawyer Can Help
At Castellani Law, we know the tricks employers use to dodge overtime obligations. Our attorneys will:
- Review your hours, pay stubs, and employment records
- Identify violations of state or federal law
- Demand payment of wages and penalties
- Represent you in negotiations or in court if necessary
We prepare every case as if it is going to trial. This approach makes employers take your claim seriously and often leads to stronger settlements.
Why Choose Castellani Law for Your Overtime Claim
People-Focused Representation
We treat every client like family. From your first call, we listen to your story and explain your rights in plain language. We keep you updated throughout the process so you are never left in the dark.
Strong Results for South Jersey Workers
For more than 35 years, we’ve recovered compensation for South Jersey workers in wrongful termination, retaliation, discrimination, and wage theft cases. Our track record includes multi-million-dollar settlements and verdicts.
- $3,000,000 Million Settlement secured for a victim of corporate negligence and misconduct in Atlantic City
- $280,000 Settlement secured for a CEPA whistleblower claim
- $210,000 Settlement secured for a wrongful termination victim
- $110,000 Settlement secured for a wrongful termination client in South Jersey
(Disclaimer: Results may vary depending on the unique facts and circumstances of your case. Past case results are not a guarantee of future outcomes, and should not create an expectation that similar results can be achieved in your matter.)
Certified NJ Civil Trial Attorney
David Castellani is certified by the New Jersey Supreme Court as a Civil Trial Attorney, a distinction held by fewer than 2.5% of lawyers in the state. This certification signals skill, preparation, and proven trial experience.
Local Knowledge That Matters
For more than three decades, we have stood with South Jersey employees who faced retaliation for doing the right thing. Our work has resulted in settlements and verdicts that restored lost wages, protected careers, and held employers accountable for unlawful treatment. While every case is unique, our commitment remains the same: protecting whistleblowers and fighting for the justice they deserve.
Where We Serve South Jersey Workers
We represent clients across South Jersey, including:
- Atlantic County – Northfield, Atlantic City, Egg Harbor Township, Galloway, Hammonton, and Absecon
- Camden County – Camden, Cherry Hill, Pennsauken, Gloucester Township
- Gloucester County – Glassboro, Deptford, Washington Township
- Burlington County – Mount Laurel, Marlton, Evesham
- Cape May County – Cape May, Ocean City, Wildwood
Industries Commonly Impacted by Overtime Issues in New Jersey
Overtime violations occur in nearly every field, but we frequently assist workers in:
- Hospitality and casinos
- Healthcare and nursing
- Retail and grocery
- Education and child care
- Manufacturing and warehouses
Frequently Asked Questions
How do I know if I qualify for overtime pay?
Start by documenting everything, keep copies of emails, performance reviews, or HR notes that show changes after you reported misconduct. If your company has an internal reporting process, you may choose to use it. The most important step is to speak with a South Jersey whistleblower attorney who understands CEPA and can move quickly to protect your rights. Our family of whistleblower attorneys are available to review your case and guide you forward.
What should I do if my employer did not pay me all the money I am owed?
You can file a claim with the NJ Department of Labor’s Division of Wage and Hour Compliance. An attorney can also file a lawsuit to recover wages and damages on your behalf.
How long do I have to file an unpaid overtime claim in NJ?
You have up to six years under New Jersey law. Federal claims allow two to three years depending on the circumstances.
How do I prove I worked unpaid overtime?
Keep records such as pay stubs, schedules, text messages, or even personal notes. Witness statements from coworkers can also help.
Keep records such as pay stubs, schedules, text messages, or even personal notes. Witness statements from coworkers can also help.
Employers may be required to pay unpaid wages, double or triple damages, and legal fees. They may also appear on the NJ Department of Labor’s Wage Violation Watchlist.
Leaders In The Legal Industry
With over 35 years of legal experience, Castellani Law Firm family of attorneys are proud to be recognized by respected legal organizations. These honors reflect our commitment to delivering trusted, results-driven representation to individuals and families across New Jersey & Pennsylvania.
Please click on the awards to learn about the selection methodology for each.
*No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Please reference the individual accolade selection process disclaimers which are located at the bottom of this page.
Contact A South Jersey Unpaid Overtime Lawyer Today.
Every extra hour counts. Don’t let your employer keep wages you earned. Call Castellani Law today for a free and confidential consultation. From our office in Northfield, we fight for workers across South Jersey — and we’re ready to fight for you.
We’d love to help you answer your questions and get you the help you deserve.
