Best Wage & Hour Lawyers in Feilding
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Feilding, New Zealand
About Wage & Hour Law in Feilding, New Zealand
Wage and hour matters in Feilding are governed by New Zealand national employment law and regulations. Feilding is part of the Manawatū region, so residents and employers follow the same legal framework that applies across New Zealand. Key topics covered by the law include minimum wage, pay and payslips, hours of work and overtime, breaks, leave and public holiday entitlements, record-keeping, and protections against unlawful deductions and employer retaliation. Enforcement and advice are provided by national agencies, while local community groups and unions can offer practical support.
Why You May Need a Lawyer
Not every workplace disagreement needs a lawyer, but legal help is advisable when issues are complex, contested, or potentially costly. Common situations where a lawyer can add value include:
- Unpaid wages, holiday pay, or final pay disputes where the employer is not cooperating.
- Disputes about whether someone is an employee or an independent contractor - this status affects entitlements and protections.
- Allegations of unlawful deductions from pay or incorrect application of pay rates.
- Disagreements over hours of work, overtime rates, or payment for public holidays.
- Personal grievances including unjustified dismissal, discrimination or detrimental treatment linked to raising concerns about pay or hours.
- Complex negotiations over settlement agreements, redundancy packages, or forced resignations.
- Representation in formal processes such as mediation, Employment Relations Authority hearings, or Employment Court proceedings.
Local Laws Overview
Key legal instruments and practical points relevant to Feilding employees and employers include:
- Employment Relations Act 2000 - sets the basic framework for employment relationships, good faith obligations, and personal grievances.
- Minimum wage requirements - the Government sets a national minimum wage. Employers must pay at least the current rate for all qualifying employees.
- Holidays Act 2003 - governs annual leave, public holidays, sick leave and bereavement leave, and how these are calculated and paid.
- Wages Protection and record-keeping - employers must provide accurate payslips and retain employment records. Unlawful deductions and failure to pay wages can lead to enforcement action.
- Payment for hours worked - unless an agreement specifies otherwise, employees must be paid for hours worked and any applicable penalty rates or overtime arranged in the employment agreement.
- Remedies and enforcement - disputes can be raised through mediation, the Employment Relations Authority and, on appeal, the Employment Court. The Labour Inspectorate and Employment New Zealand provide guidance and can investigate certain breaches.
Frequently Asked Questions
What is the minimum wage in New Zealand and does it apply in Feilding?
The national minimum wage applies in Feilding. The Government sets the minimum wage and it may be updated periodically. If you are unsure of the current rate, check with official sources or seek legal or employment-advice services. Employers must pay at least the minimum wage for all qualifying employees.
Am I entitled to overtime pay for extra hours?
Overtime entitlements depend on what your employment agreement or any applicable collective agreement provides. There is no automatic statutory overtime rate for all employees, so many employers specify overtime rates in the employment agreement. If you work extra hours and your agreement or employment practice indicates overtime should be paid, you may have a claim if it is not paid.
What records should my employer keep about my hours and pay?
Employers are required to keep accurate records of hours worked, wages paid, leave taken and other employment-related information. Payslips should show gross pay, deductions and net pay. If records are missing or inaccurate, ask your employer in writing and seek assistance from Employment New Zealand or legal advice if the problem persists.
Can my employer deduct money from my wages?
Deductions from wages must be lawful. Deductions required by law or authorised in writing by the employee in advance are generally permitted. Unauthorised deductions can be challenged and may be recovered. If you suspect unlawful deductions, keep written records and seek advice.
What if I think I was unfairly dismissed or treated badly after raising a wage complaint?
If you believe you were dismissed or suffered adverse treatment for raising a pay or hours concern, you may have a personal grievance. Personal grievances must generally be raised promptly - in many cases within 90 days of the event. Early legal advice can help you preserve evidence and follow the required steps, including mediation and potential proceedings in the Employment Relations Authority.
How do I raise a complaint about unpaid wages or holiday pay?
Start by raising the issue with your employer in writing and by keeping records of hours, payslips and correspondence. If the employer does not resolve the issue, seek advice from Employment New Zealand, your union if you belong to one, or a lawyer. Many disputes can be resolved through mediation; unresolved matters can be taken to the Employment Relations Authority.
What is the difference between an employee and an independent contractor?
Whether someone is an employee or contractor depends on the actual working relationship, not just the wording of the contract. Courts and tribunals consider factors such as control over work, who provides equipment, chance of profit or loss, and whether the person is integrated into the business. The distinction matters because employees have statutory protections and entitlements that contractors generally do not.
Can I get free advice before seeing a lawyer?
Yes. There are free or low-cost services that can help you understand your situation, such as Citizens Advice Bureau and Community Law centres. Employment New Zealand also provides guidance. If the matter is complex or likely to go to formal proceedings, a lawyer experienced in employment law can give tailored advice and representation.
How long do I have to bring a wage or personal grievance claim?
Time limits vary by type of claim. For many personal grievances, the usual rule is to raise the grievance promptly and, in many cases, within 90 days of the event. Other claims may be subject to different timeframes. Because of these limits it is important to act quickly and get advice to avoid losing rights.
Will a lawyer always take my case to court?
No. Lawyers and advisers often aim to resolve matters by negotiation, mediation or settlement because these options are usually faster and less costly than formal hearings. A lawyer will explain your options, likely outcomes, costs and the pros and cons of settlement versus formal proceedings before proceeding.
Additional Resources
Useful organisations and resources for people in Feilding include:
- Employment New Zealand - national source of information and advice on employment rights and obligations.
- Labour Inspectorate - handles enforcement in some wage and record-keeping matters.
- Employment Relations Authority and Employment Court - formal dispute resolution bodies for employment matters.
- Citizens Advice Bureau - free information and practical help for individuals.
- Community Law centres - provide free or low-cost legal help for eligible people.
- Trade unions - organisations such as E tu and FIRST Union can help members with wage and hours disputes and representation.
- Manawatū community support services - local community organisations and social service agencies can help with practical support and referrals.
Next Steps
If you need legal assistance with a wage or hour issue in Feilding, here is a practical plan:
1. Gather documentation - collect employment agreements, payslips, timesheets, bank statements, emails and any other records showing hours worked and payments received.
2. Check your employment agreement and any relevant collective agreement to understand agreed pay, hours and overtime provisions.
3. Raise the concern in writing with your employer - state the issue, the outcome you want and give a reasonable time for a response.
4. Seek free advice - contact Employment New Zealand guidance, Citizens Advice Bureau or a Community Law centre for initial help.
5. Consider legal advice - if the employer will not resolve the issue, or if the matter raises risk of dismissal or complex legal questions, consult an employment lawyer. Ask about experience, likely costs, fee arrangements and the likely steps and timeframes.
6. Use dispute resolution options - many matters are resolved through mediation or negotiation. If needed, a lawyer can help prepare a claim to the Employment Relations Authority and represent you at hearings.
7. Act promptly - be aware of time limits for raising grievances or claims and take early steps to preserve evidence and protect your rights.
Getting the right help early can improve the chances of a practical and fair outcome. If you are unsure where to start, use free local services for an initial assessment and then decide whether to engage a private employment lawyer for further action.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.