What to Know Before Filing Wage and Overtime Lawsuits
July 12, 2025
When your employer fails to pay you the wages or overtime you’ve earned, you may have legal grounds to file a claim. Unfortunately, many workers don’t realize they’re entitled to more compensation, or they hesitate to come forward out of fear or confusion.
At The Gold Law Firm P.C., our experienced South Jersey overtime lawyers help workers understand their rights and take effective legal action when those rights are violated.
Are You Being Paid Fairly?
The Fair Labor Standards Act (FLSA) and New Jersey wage laws require employers to pay most workers at least minimum wage and time-and-a-half for all hours worked over 40 in a week. Yet wage theft remains a widespread problem in both hourly and salaried jobs. Common examples include:
- Employers misclassifying workers as exempt from overtime.
- Paying “straight time” for overtime hours.
- Off-the-clock work before or after shifts.
- Automatic lunch deductions for breaks not taken.
- Failing to pay for travel time, prep time, or job setup.
- Not including bonuses or commissions in the overtime rate.
If any of these situations sound familiar, you may have a wage and hour claim.
Know the Type of Claim You Are Filing
Before filing a lawsuit, it’s important to determine whether your case is for unpaid wages, unpaid overtime, or both. Unpaid wage claims generally involve being paid less than the minimum wage or not being paid for all hours worked. Overtime lawsuits typically involve being denied proper compensation for hours worked beyond 40 per week.
New Jersey law often provides stronger protections than federal law, including more generous damages. A knowledgeable South Jersey overtime lawyer can help you file under the law that gives you the best chance of full recovery.
Understand the Statute of Limitations
There’s a limited amount of time to file a wage or overtime lawsuit. Under federal law, workers typically have two years to file a claim—three years if the employer’s violation was willful. New Jersey wage laws give you six years to recover unpaid wages. However, waiting too long could reduce the amount you’re entitled to recover. That’s why speaking to an attorney sooner rather than later is essential.
Keep Strong Records of Hours Worked
One of the most important steps you can take before filing is to gather records. Even if your employer didn’t keep proper time logs, you’re allowed to testify about your hours worked, and any notes, schedules, emails, or text messages that support your case can make a big difference.
Don’t worry if you didn’t track every shift perfectly. Courts often accept reasonable estimates when an employer fails to maintain proper records, as long as you can provide consistent evidence of underpayment.
You Are Protected From Retaliation
Many employees fear losing their jobs if they speak up. But retaliation for asserting your wage rights is illegal. If your employer demotes you, fires you, or creates a hostile work environment in response to your claim, they can be held accountable for additional damages.
In fact, some workers file both a wage claim and a retaliation lawsuit. If you’re experiencing workplace pressure or threats after asking about unpaid wages, let your attorney know immediately.
You May Not Be Alone—Consider a Group Claim
Wage violations often affect more than one employee. If others at your job are being underpaid in the same way, you may be eligible to file a collective action under federal law or a class action under New Jersey law. These group claims can increase pressure on employers and may improve your chances of recovery.
Speak to a South Jersey Overtime Lawyer at The Gold Law Firm P.C.
Filing a wage and overtime lawsuit can feel overwhelming, but you don’t have to do it alone. At The Gold Law Firm P.C., our South Jersey overtime lawyers will help you understand your rights, evaluate your case, and guide you through every step of the legal process. If you believe you’re owed wages or overtime pay, call 215-569-1999 or contact us online to schedule a free consultation. Located in Philadelphia and Pennsauken, New Jersey, we serve clients in South Jersey, including Cherry Hill, Haddonfield, Marlton, Moorestown, and Mount Laurel.
