What to Know Before Filing a Wage and Overtime Lawsuit
August 15, 2025
Federal and state law govern how your employer must pay you. These laws establish rules for minimum wage, overtime, and proper recordkeeping. If your employer violates these rules, you may be able to hold them accountable through a wage and hour lawsuit. Such cases can be filed individually or as a class action. Consulting an experienced wage and hour attorney can help you understand your rights and what to expect in the legal process.
What Actions May Violate Your Wage and Hour Rights?
Both New Jersey and federal law make certain employer practices illegal. You may have grounds for a lawsuit if your employer has:
- Failed to pay minimum wage as required under federal or state law.
- Not paid time-and-a-half overtime if you are covered by the Fair Labor Standards Act (FLSA) and are a non-exempt employee.
- Required you to work off the clock.
- Denied legally mandated breaks or meal periods.
- Withheld wages you have earned.
Can I File a Class Action Lawsuit?
You may file a lawsuit individually or as part of a class action. A class action is typically appropriate if many employees are affected by the same wage violations. Class actions can strengthen your case because they consolidate claims, but even if a class is not certified, you can still pursue an individual lawsuit. A wage and hour attorney can help determine the best approach for your situation.
How Is My Employer Penalized if I Win?
Many wage and hour lawsuits settle before trial because employers want to avoid potential penalties. If a case goes forward and you prevail:
- Federal Law (FLSA): If you prove that your employer knowingly violated the law, the court may award liquidated damages—essentially double the unpaid wages. Courts may award treble damages in rare cases of willful or bad-faith violations.
- New Jersey Wage Theft Act: You may be entitled to triple damages if your employer willfully fails to pay minimum wage or overtime.
An attorney can advise whether filing in federal or state court would be more advantageous based on your specific circumstances.
Why You Need an Experienced Wage and Hour Lawyer
Wage and hour cases often involve employers with significant resources, including skilled attorneys and large legal teams. Facing them without experienced legal representation significantly reduces your chances of success. If you suspect that you have been underpaid or otherwise subjected to wage violations, seek guidance from a qualified wage and hour attorney promptly.
Contact Our Cherry Hill Employment Lawyers at The Gold Law Firm P.C.
If you have not been fairly compensated, our Cherry Hill employment lawyers at The Gold Law Firm P.C. can help. Schedule by filling out our online contact form or calling 215-569-1999. Our offices in Philadelphia and Pennsauken, New Jersey, serve clients in South Jersey, including Cherry Hill, Haddonfield, Marlton, Moorestown, and Mount Laurel.
