The Law Offices of Andrew Dressel LLC helps businesses in central New Jersey and beyond comply with local, state, and federal minimum wage and overtime laws. We work with our clients to ensure their employees are fully and fairly compensated for the hard work they do.
When a dispute arises, we advise employers of the steps they must take to clear their good name, or if a mistake has been made, correct their errors and make sure everyone is compensated fairly. Our team is well-versed in the employment laws that govern all professions and industries, but we have extensive experience handling cases in industries that have their own specific regulations, like oil and gas.
We make every attempt to resolve wage and hour disputes at the negotiating table, however, we are fully prepared to represent our clients in court, in front of an arbitrator, and in administrative proceedings before government agencies, such as the U.S. Department of Labor’s Wage and Hour Division and the New Jersey Department of Labor & Workforce Development.
Understanding Wage and Hour Laws
The federal Fair Labor Standards Act (FLSA) requires employers to compensate most employees at their base hourly wage plus 50% for each additional hour that the employee works after 40 hours during any consecutive seven-day period. This law applies from coast to coast, and in almost every industry, but it sets a floor (not a ceiling) for wages and other workplace protections.
Many states, including New Jersey, have enacted wage and hour laws and set higher pay than the federally-mandated rate or offer additional protections to workers. Some municipalities have passed laws concerning rights and protections that go even further than their states.
The result is a patchwork of regulations that employers must comply with—a task that has grown more challenging with the advent of new technology that allows for remote work and keeps workers always “on-call.”
Common Wage and Hour Claim Issues
The Law Offices of Andrew Dressel LLC handles diverse wage and hour claim issues, including developing compliance programs to ensure our clients’ employees are fairly compensated or defending our clients against alleged misdeeds. We are equipped to represent you in cases involving:
- Unpaid Wages: Including payment for on-the-job training, bounced checks, tip skimming, and the timely payment of wages.
- Overtime: Most employees must be paid time and one-half their rate of pay when they work more than 40 hours in a week, but there are some exceptions.
- Benefits: Disputes over vacation days, bonuses, commissions, breaks, and scheduling.
- Off-the-Clock Wage Violations: Hourly employees cannot work off-the-clock, and must be given breaks for rest and meals.
- Employee Classifications: Whether a worker is an employee or an independent contractor can impact their earnings.
- Wage Deductions: Employers may not take unauthorized deductions from employees’ pay (e.g, the cost of a uniform, accidental breakage, cash and/or property shortages).
Strategies for Handling Wage and Hour Claims
To maintain your company’s reputation and retain employees, you must address wage and hour claims head-on. The Law Offices of Andrew Dressel LLC works with our clients to resolve disputes efficiently.
If a genuine complaint is raised, we help our clients ensure they are following applicable labor laws going forward and work with them to remedy past mistakes. When a claim is brought in bad faith, we present evidence demonstrating our client’s commitment to fairly compensating its employees.
Responding to employee complaints and claims
Defending a business against a wage and hour claim is a very fact-specific process. It is generally done by proving that the employee either did not perform the work claimed or by demonstrating that the employee was correctly compensated. The attorneys at The Law Offices of Andrew Dressel LLC assist businesses in identifying the records that will clear their name.
In disputes concerning overtime, an employer can often prove that the employee falls within a legally-recognized category of employment in which overtime pay exemptions are available. These types of claims also require a fact-specific inquiry that focuses on the tasks performed, not just the employee’s job title.
Conducting internal investigations
Internal investigations are a common tool used by organizations across New Jersey to manage risks and make well-informed management decisions. They can help employers uncover practices that are not in compliance with the law, or that expose the business to liability.
When The Law Offices of Andrew Dressel LLC is asked to conduct an internal investigation, we act as if we are opposing counsel in a lawsuit. We gather and examine evidence, interview witnesses, and try to find weak spots or holes in the information we are given. Our findings go into a confidential report to the board, in-house counsel, or the organizational leader who brought us in to investigate.
Conducting internal investigations
Internal investigations are a common tool used by organizations across New Jersey to manage risks and make well-informed management decisions. They can help employers uncover practices that are not in compliance with the law, or that expose the business to liability.
When The Law Offices of Andrew Dressel LLC is asked to conduct an internal investigation, we act as if we are opposing counsel in a lawsuit. We gather and examine evidence, interview witnesses, and try to find weak spots or holes in the information we are given. Our findings go into a confidential report to the board, in-house counsel, or the organizational leader who brought us in to investigate.
Cooperating with government agencies during audits or investigations
Employees are not the ones who can bring a lawsuit over wage and hour violations. Government agencies tasked with enforcing wage and hour laws follow up on complaints filed with them, and have the authority to investigate virtually any business suspected of skirting the law.
Our team at The Law Offices of Andrew Dressel LLC team serves as a go-between in these investigations or audits. We ensure all of the government’s questions are answered completely and efficiently and protect our clients from regulators who want to go on a fishing expedition.
Proactive Wage and Hour Compliance Strategies
Many New Jersey business owners mistakenly believe that they only need to consult an attorney when a problem arises. Unfortunately, it is often too late to avoid or reduce liability once a legal claim is filed.
It is much more effective to establish an ongoing relationship with an experienced employment law firm that can ensure a business is in compliance with existing laws and develop a plan to address future changes in the law.
When the The Law Offices of Andrew Dressel LLC team is hired to assist a company with wage and hour compliance, we do a top-down assessment of the business and the various laws that apply to that particular industry. We review the company’s existing policies and procedures and point out missteps.
We then work to establish processes and procedures that will make compliance easier, and develop assessment tools that can identify failures. If we have an ongoing relationship with the business, we monitor changes in the law that will impact the existing plan and provide timely updates so the business can remain in compliance.
Work with an Experienced Employment Law Firm
The Law Offices of Andrew Dressel LLC provides the custom service of a boutique law firm and the expertise of a large law firm to our clients in central New Jersey and beyond. We have a pro-business, solutions-oriented approach to lawyering that ensures our clients can find a path forward instead of hitting a brick wall when they come to us for advice.
If you are involved in a wage and hour dispute or are ready to develop a compliance program, our experienced team of attorneys is ready to hear your story and advise you.
Fill out our contact form or call us at (848) 202-9323.