Wage & Hour Litigation Cases
Wage and hour litigation, specifically disputes concerning unpaid overtime, is on the rise as a result of many employers’ violation of the law and the plaintiff-friendly penalties and fee-shifting sanctions imposed on employers for violating the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56a, et seq. (“NJWHL”) and the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. (“FLSA”).
Non-exempt employees are entitled to overtime pay at the rate of time and one half for each hour worked in excess of 40 in a seven-day work week. Litigation often arises when an employer either intentionally fails to pay an employee the proper overtime rate or when an employer misclassifies an employee into a category that it believes is exempt from overtime. Many employers believe they do not have to pay the employee overtime simply because that employee is called a “manager.” That is not the case. The NJWHL, by way of reference to the FLSA, sets forth a multi-pronged analysis of the employee’s essential job functions and qualifications to determine whether an employee falls within one of the exempt categories. Thus, you could be entitled to compensation for unpaid overtime and not even realize it.
Wage & Hour Litigation for Employers
Wage and hour litigation can be extremely risky for the employer because the NJWHL and FLSA allow an employee to collect back pay for up to 2 years (3 years for a willful violation) which is then doubled as liquidated damages intended to compensate the employee for the delay in payment. The prevailing employee is also entitled to collect reasonable attorneys’ fees, interest, and costs.
Contact Us Regarding Wage & Hour Litigation
At the Law Office of Craig Rothenberg, we have represented aggrieved employees as well as employers accused of violating the NJWHL and FLSA. If you are an employee who believes that you are entitled to unpaid overtime compensation or you are an employer being sued by an employee or you have general compliance questions, please contact the office.