Articles Posted in Wage and Hour Disputes

Employees who are not exempt from overtime rules are entitled to a greater pay rate for any hours they work over forty in a week. Federal and New Jersey employment laws protect this right and impose penalties and legal liability on employers who fail to pay overtime rates to their employees. Under the federal Fair Labor Standards Act (FLSA), an employer may be liable to employees for double the amount of unpaid overtime. The statute allows an employee to bring a lawsuit on behalf of themselves and other employees in similar circumstances. A group of retail employees recently settled a lawsuit that alleged overtime violations under the FLSA and state law. As part of the settlement, the defendant agreed to pay $1.25 million in damages.

The FLSA requires employers to pay time-and-a-half to non-exempt employees for overtime work. Generally speaking, overtime hours begin once an employee has worked forty hours. The statute uses the term “workweek,” but does not provide a definition. Employers may vary on how they define the term, although a workweek must consist of seven days. A workweek typically goes from Monday to Sunday or Sunday to Saturday. If an employee works forty-five hours during the period that the employer considers a workweek, the employer must pay them the overtime rate for five hours.

Section 16(b) of the FLSA allows employees to bring collective actions for “other employees similarly situated.” A collective action under the FLSA is similar to a class action in many ways. It allows multiple employees with similar claims to pool their claims, which can make asserting their rights more efficient. One important difference is that FLSA collective actions are strictly “opt-in.” Some class actions automatically include all parties who meet the criteria for the class unless they opt out of class membership. For an FLSA collective action, potential plaintiffs must give written consent to be part of the lawsuit.
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Overtime laws guarantee that workers receive additional pay for working more than forty hours in a week. Both federal and New Jersey employment laws contain provisions dealing with overtime compensation. The federal Fair Labor Standards Act (FLSA) includes an exemption from the overtime rules for people who work in “a bona fide executive, administrative, or professional capacity.” Also known as the EAP exemption, it covers a wide range of people in management and other specialized roles. The U.S. Department of Labor (DOL) recently published a new rule that revises the EAP exemption. It took effect on July 1, 2024, and expands eligibility for overtime pay to include many people who had previously been exempt.

Section 7 of the FLSA states that employees are entitled to time-and-a-half for hours worked above forty per week. Section 13 covers exemptions from this and other requirements, with the EAP exemption first on the list. The statute does not provide definitions of the terms “executive,” “administrative,” or “professional.” The DOL took on that task in its regulations. It discusses the EAP exemption in 29 C.F.R. Part 541.

The EAP exemption has three main requirements:
– The employee is paid on a salary or fee basis, not hourly.
– Their salary is equal to or greater than a threshold amount set by the regulations.
– Their job duties meet Part 541’s definitions of “executive,” administrative,” or “professional.”
The threshold amount for all three roles, prior to July 1, 2024, was $684 per week. This amount, which is equal to $35,568 per year, has remained the same for many years. The new rule finally updates it.
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When an employer violates your rights, knowing what to do or where to turn can be difficult. It is crucial to seek legal help as soon as possible because of strict filing deadlines under federal and New Jersey employment laws. Missing a filing date can result in delays at best, or a refusal to hear your case at worst. Most employment laws give employees at least six months to submit a claim alleging unlawful employment practices. The time to file an appeal is often much less than the time to file an initial complaint. The U.S. Supreme Court recently ruled in favor of a federal government employee who missed a deadline to appeal a decision rejecting his claim for unpaid wages. The decision in Harrow v. Department of Defense makes an exception to employment law’s stringent filing deadlines.

Lawsuits are subject to a filing deadline known as the statute of limitations, which requires plaintiffs to file suit within a limited time after the event that led to the dispute. Employment law often involves administrative agencies like the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR). Before filing a lawsuit alleging certain employment law violations, you must file a charge with the EEOC or a complaint with the DCR.

The deadline to file a DCR complaint is 180 days from the date of the alleged employment law violation. For discrimination charges filed with the EEOC, the deadline is also 180 days unless a state agency also enforces a state law against the same type of discrimination. The EEOC’s filing deadline is 300 days in that situation. An additional deadline applies once these agencies have completed their investigations. If the EEOC issues a “right to sue” letter, for example, you have sixty days to file suit in federal court.
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New Jersey employment laws protect workers from wage theft. This may occur when an employer requires unpaid work from an employee, and the rate of pay that the employee receives for the total amount of hours worked falls below the state minimum wage. It also often happens when an employer does not pay the time-and-a-half rate required by state law for overtime. Employers that engage in wage theft are liable to employees for unpaid wages and additional damages. A law that took effect in 2019 expanded the “lookback” period for wage theft claims. This is the length of time before the date of an employee’s claim for which they may recover unpaid wages and damages. In May 2024, the New Jersey Supreme Court resolved a dispute over whether this lookback period extends before the date the 2019 law took effect. The court held that it does not.

Before the 2019 law, the lookback period for wage theft claims under both the Wage and Hour Law (WHL) and the Wage Payment Law (WPL) was two years. Suppose an employer begins engaging in wage theft against an employee in July 2014. If that employee filed a wage theft claim on July 1, 2018, they would only be able to recover damages for the period beginning on July 1, 2016.

The new law, enacted as Chapter 212, took effect as soon as the governor signed it on August 6, 2019. It expanded the lookback period from two to six years. It also added new damage provisions, including liquidated damages of up to 200% of the unpaid wage amount. Disputes soon arose about whether the expanded lookback period could include employer conduct that occurred before the law’s effective date. A claim filed on August 5, 2019 could recover damages back to August 5, 2017. The question was whether a claim filed on August 7, 2019 could reach back to August 7, 2013. One such dispute made its way to the state supreme court.
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Employee paychecks are subject to some quite complicated regulations, particularly when it comes to what employers may, may not, and must withhold from employee pay. Perhaps the most well-known form of withholding is for Social Security and Medicare, commonly known as payroll taxes, and federal income tax. States that maintain their own income tax may require employers to withhold that as well. New Jersey is among those states. When employment relationships cross state lines, withholding requirements can get even more confusing. New Jersey employment laws give workers some remedies for unlawful paycheck deductions, but this does not necessarily cover errors involving tax withholding. A new law passed by the state legislature addresses New Jersey income tax withholding for out-of-state remote workers based on a rule known as the “convenience of the employer.”

New Jersey employers may withhold money from employee paychecks when required to do so by state or federal law, such as for federal income tax. They may withhold funds from paychecks for any other purpose only when the employee has authorized it in writing. Authorization can come from an individual employee or a collective bargaining agreement with an authorized representative.

Unauthorized deductions from employee paychecks can result in penalties that include fines and jail time. Employees may also bring a civil lawsuit to recover the amounts unlawfully withheld, plus three times that amount as liquidated damages, court costs, and attorney’s fees. This provision of New Jersey law does not apply to tax withholding errors made by an employer. An employee whose employer fails to withhold the correct amount of income tax will be liable to pay the correct amount. It might, however, be possible to raise the employer’s error as a defense to the assessment of late payment penalties.
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The federal Davis-Bacon Act (DBA) of 1931 requires contractors to pay prevailing wages to all “mechanics or laborers” employed on certain federal public works projects. New Jersey employment law addresses prevailing wages for state projects. Failure to meet the prevailing wage requirements could result in termination of the contract and civil liability to workers. The Wage and Hour Division (WHD) of the U.S. Department of Labor is responsible for determining the prevailing wage for specific types of work in specified geographic areas. The current rule governing this process has been in place since 1983. The WHD published a new final rule in August 2023, which will replace the current rule on October 23. Among other changes, it expands the criteria that the WHD may consider when calculating prevailing wages.

The DBA defines “wages” to include hourly pay, medical benefits, worker’s compensation, pensions or retirement benefits, disability insurance, unemployment benefits, and other forms of compensation. “Prevailing wages” are based on several factors:
– The “class[] of laborers and mechanics” working on a project;
– The type of project; and
– The “civil subdivision of the State” — meaning the county — where the project is located.
Contractors and subcontractors working on federal contracts must pay workers every week at the worksite and post the wage scale somewhere where workers can see it.

Federal agencies may cancel a contract if the contracting officer discovers that the contractor is paying workers less than the applicable prevailing wage. The contractor may be liable for the costs incurred by the federal agency to complete the project. Since workers may find themselves out of a job in this situation, the DBA allows federal agencies to pay workers any wages owed to them directly out of withheld payments. If the agency does not have enough in the withheld funds to pay workers what they are owed, the DBA states that workers may file civil lawsuits against the contractor and its sureties.
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