Law Offices of Mitchell Schley, LLC

New York and New Jersey Labor and Employment Lawyer

197 Route 18 South
South Tower – Suite 3000
East Brunswick, NJ 08816
Phone: (732) 325-0318
Fax: (732) 325-0317

245 Park Avenue, 39th Floor,
New York, NY 10167
Phone: (212) 672-1848
Fax: (212) 372-8798

Contact us for a free telephone consultation at

(732) 325-0318

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About Mitchell Schley, ESQ

The Rights of Workers to Minimum Wage and Overtime Pay

Today’s topic concerns the rights of workers to be paid minimum wage and overtime pay by their employer. Many workers today do not receive proper pay for their work. This is called wage theft, which is illegal. You are entitled to unpaid wages whether you are paid in cash or by check. You are also entitled to unpaid wages even if you are an undocumented alien.

The most frequently cheated workers are: restaurant workers, including waiters, busboys, kitchen staff and delivery boys, construction laborers, landscape laborers, car wash workers, factory workers, warehouse workers and nail salon workers. Many workers do not know what the law is concerning minimum wage and overtime, and employers take advantage of employees.

In New Jersey, a worker must be paid the minimum wage, which is $8.38 per hour. The law also requires that if an employee works more than 8 hours a day or more than 40 hours in a week, he or she must be paid at a wage rate at one and a half times their regular hourly wage rate for every hour worked over 40 hours in a week. For example, if a worker works 45 hours in a week and their regular hourly wage rate is $10.00 per hour, they must be paid $15.00 per hour for the extra five hours.

Some employers try to avoid paying minimum wage and overtime pay by paying you the same amount every day or every week, regardless of how many hours you work. Most employees who are paid in this way believe that they are not entitled to minimum wage or overtime pay if they work more than 40 hours in a week. This is not true.

Some employers also illegally steal workers’ tips. Employees must be allowed to keep their own tips. Managers may not take part of your tips or give your tips to other people.

If you believe that you have not been paid properly, it is a good idea to speak to an attorney who specializes in this area.

Mitchell Schley is an attorney who practices labor law at the Law Offices of Mitchell Schley, LLC, in East Brunswick and New York City. Feel free to contact him if you have a question about this article or any other labor law issue. He can be reached at (732) 325-0318 or at

Office Weekly Update Weekly

Topic of the Week

No Thanks to Us: The Lack of Gratitude at Work

When it comes to expressing gratitude, the workplace is dead last. No wonder why they call it work. Ironically expressing gratitude will not only create a healthier workplace, it will also create a healthier you.


Blog of the Week

For Women Restaurant Workers, Sexual Harassment Starts with the Day You’re Hired

It would be hard to design a context more conducive to being sexually harassed by co-workers, and indeed, like 80 percent of women restaurant workers in a 2014 Restaurant Opportunities Center United (ROC United) survey, we all were.

Thought for the Week

"Feeling gratitude and not expressing it is like wrapping a present and not giving it."

–William Arthur Ward

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Law Offices of Mitchell Schley, LLC
197 Route 18 South, South Tower – Suite 3000, East Brunswick, NJ 08816 • Phone: (732) 325-0318 • Fax: (732) 325-0317
245 Park Avenue, 39th Floor, New York, NY 10167 • Phone: (212) 672-1848 • Fax: (212) 372-8798
Contact us today »