Working overtime without getting paid for it isn’t just unfair—it’s against the law. Unfortunately, many employees across New Jersey find themselves in this exact situation. Whether it's staying late to finish a task, working through lunch, or answering emails after hours, unpaid overtime adds up. And if you're not being compensated properly, you have the right to do something about it.

This article explains how New Jersey’s overtime laws work, how to recognize when you’re being shortchanged, and what steps to take if your employer isn’t paying you what you’ve earned.

Always consult with a NJ employment law attorney for legal advice before doing anything.

Understanding Overtime Laws in New Jersey

In New Jersey, the law requires that most employees be paid time-and-a-half for any hours worked over 40 in a single workweek. So, if your regular hourly wage is $20, any hour worked over 40 must be paid at $30 per hour.

Some workers are exempt from overtime pay due to their job type or salary level—common exemptions include certain executives, administrative staff, professionals, and outside salespeople. However, just because your employer says you’re exempt doesn’t mean it’s true. Misclassification is a common issue.

If you’re unsure whether you’re legally entitled to overtime, an employment attorney can help you figure that out.

Signs You Might Be Owed Overtime

You might not realize right away that you’re missing out on overtime pay. Here are a few red flags:

  • You regularly work over 40 hours per week but only receive straight-time pay
  • You’re paid a salary but don’t manage anyone and perform the same tasks as hourly staff
  • Your employer asks you to clock out but continue working
  • You’re expected to respond to work messages outside of scheduled hours

If any of these sound familiar, it’s time to take a closer look.

Step-by-Step: How to Report Unpaid Overtime in New Jersey

1. Gather Your Records

Before you file a complaint, collect as much evidence as possible. This might include:

  • Pay stubs or direct deposit records
  • Timecards or work schedules
  • Emails or messages showing your work hours
  • Notes you’ve kept of your actual hours worked

The more detailed your records are, the stronger your case will be.

2. Speak to Your Employer (Optional)

In some cases, a simple conversation with your boss or HR department can resolve the issue. It’s possible they made a mistake or weren’t aware of the situation. If you’re not comfortable doing this—or if they don’t respond appropriately—move to the next step.

3. File a Complaint with the New Jersey Department of Labor

The state’s Division of Wage and Hour Compliance handles complaints about unpaid wages, including overtime. You can file a complaint:

  • Online: At the NJ Wage and Hour portal
  • By Mail or Fax: Download the MW-31A form and send it to: Division of Wage and Hour Compliance
    P.O. Box 389
    Trenton, NJ 08625-0389
    Fax: (609) 695-1174

Make sure to include any supporting documents with your complaint. The department will investigate and, if they find violations, they can require your employer to pay what’s owed.

4. Consider Filing a Federal Complaint

You also have the option to report unpaid overtime to the U.S. Department of Labor’s Wage and Hour Division. This may be a good route if the issue involves multiple employees or crosses state lines.

5. Talk to an Employment Lawyer

State agencies can help, but they don’t represent you. If you want personalized legal advice—or if the state process doesn’t get results—you might want to file a lawsuit. An attorney can evaluate your case, explain your rights, and help you pursue back pay, damages, and even legal fees in some cases.

What the Law Says About Time Limits

Under New Jersey law, you have up to six years to recover unpaid wages. That’s longer than the federal three-year limit under the Fair Labor Standards Act (FLSA). Still, it’s better to act sooner rather than later. Waiting can make it harder to find records and prove your case.

Call Brandon J. Broderick For Legal Help

If you think your employer is shorting you on overtime, don’t let it slide. At Brandon J. Broderick, Attorney at Law, we’ve helped workers across New Jersey protect their rights and recover the wages they’re owed.

You work hard, and you deserve to be paid fairly for every hour you put in. Contact our team today for a free consultation.

Still have questions?

Call now and be done