Not Sure If You Have an Employment Claim? Start With These 3 Warning Signs

In today’s workplace, missing wages often don't look dramatic. They show up quietly—in a paycheck that seems a little too small, in hours that disappear from a timesheet, in “side work” that somehow becomes a second job. For restaurant workers, bar staff, hospitality employees, construction laborers, warehouse workers, and delivery workers, these practices are unfortunately still common.

And here’s the truth: many of these pay practices are illegal. You may have an employment law claim without even realizing it.

At Cohn Lifland, we regularly see wage violations affecting hardworking people who are simply trying to make ends meet. If you’re unsure whether your pay is lawful, here are the signs to look for.

You're Doing “Off-the-Clock” Work

If you're told to do any of the following, and you’re not paid for that time, your employer may be violating wage laws:

  • arrive early to set up,
  • stay late to clean,
  • complete side work before clocking in or after clocking out,
  • prep food or stock before your shift “starts,”

Especially if you are an hourly worker, employers must pay you for all hours worked—no matter what they call it, and no matter when it happens.

You’re Performing Extra Duties That Aren’t in Your Job Description

This happens constantly in restaurants and labor-heavy jobs—being asked to perform extra duties outside of your job description. Examples include:

  • servers doing deep-cleaning or maintenance at the tipped wage,
  • managers working overtime doing non-managerial tasks without any extra pay.

When your employer requires you to perform substantially different or additional duties without proper pay, you may be owed wages or overtime—especially if these tasks push you over 40 hours a week.

You’re Not Being Paid Overtime

Overtime laws are strict: most workers must be paid time-and-a-half for any hours over 40 in a week.  Common violations include:

  • “Capping” overtime hours, even when you work above the cap,
  • Paying straight time instead of time-and-a-half,
  • Not counting off-the-clock work toward total hours.

If you regularly work long weeks but your paycheck doesn’t reflect it, that’s a red flag.

Why These Violations Matter

Wage violations add up quickly. You may be entitled to:

  • unpaid wages,
  • overtime,
  • liquidated damages (often doubling what you’re owed or more),
  • attorney’s fees.

Under New Jersey and federal law, you can often recover wages from the past two to six years, depending on the violation. And you don’t have to be currently employed to bring a claim.

When to Talk to an Employment Attorney

If any of this sounds familiar, it’s worth having your employer’s pay practices reviewed. At Cohn Lifland, we represent workers across New Jersey who are dealing with wage theft, misclassification, and unfair labor practices.

You work hard. You deserve to be paid fairly for every hour.

If you think something is wrong—or even if you’re just unsure—we’re here to help you understand your rights.  Contact us today at 201-845-9600 or info@njlawfirm.com.