You may have worked late nights, covered extra shifts or regularly stayed past your scheduled hours without receiving the overtime pay you deserve. Perhaps you assumed your employer would eventually correct the missing payments, or you only recently realized that your hours were not being properly calculated.
You deserve fair pay for every hour you work, including overtime hours that qualify for additional compensation. As such, you may still be able to recover unpaid overtime from previous years even if you only recently discovered the underpayment.
Understand your rights to recover unpaid overtime
You generally have six years to claim unpaid overtime under New Jersey law. This means you may be able to recover unpaid wages from the six years before filing your claim. For example, if your employer has underpaid you for eight years, you may still be able to recover unpaid overtime from the most recent six years. However, unpaid wages from the first two years may fall outside the applicable recovery period.
Federal law generally allows two years to bring an overtime claim, extended to three years for willful violations. How far back you can claim unpaid overtime depends on which laws apply to your situation and the circumstances surrounding the unpaid overtime.
Waiting too long can be costly
Unpaid overtime can accumulate gradually, but the total can grow considerably over several months or years. As time passes, work schedules, pay records and other evidence of your overtime hours may become harder to obtain, particularly if you leave your job or your employer changes their recordkeeping systems. You may also find it harder to recall specific hours worked or locate coworkers who can support your account.
If your employer has failed to pay you for overtime or paid you less than you were owed, seeking qualified legal guidance can help you determine how much you may be entitled to recover, how far back your claim can reach and what steps you can take to pursue your unpaid wages.