Articles Posted in Wage and Hour Disputes

By signing into law new posting requirements aimed at combating pay and gender discrimination, Gov. Chris Christie advanced the fight for equal pay in the workforce.

Under the new law, companies that employ more than 50 people must post gender equality information in the workplace. This information must also be provided to employees at the time of hire, annually thereafter, and upon an employee’s request.The law is scheduled to take effect Nov. 21 and employers will have 30 days to comply once the New Jersey Department of Labor issues notice.

However, our NJ employment lawyers understand there is much work left to be done. Employees, particularly women, must remain vigilant in making sure they are fairly compensated, particularly in relation to men holding similar positions within the company.

Christie vetoed a measure that would have increased the reporting requirements for public contractors in an effort to better determine and enforce compliance. Those doing business within New Jersey would have been required to report gender, job title, occupational category, race and total compensation to the New Jersey Department of Labor.

“When Gov. Chris Christie had a chance to sign legislation I authored to prevent gender wage discrimination in public contracts, he vetoed the bill, calling it ‘senseless bureaucracy,'” wrote Assemblywoman Pamela Lampitt (D-Camden/Burlington), in the Star-Ledger. Lampitt is also chairwoman of the Assembly’s Women and Children Committee.

Christie said it would have been burdensome and would have ultimately driven up the cost of public contracts paid for by tax dollars.

However, fact remain that women continue to fight for the equal pay owed them for equal work; this remains particularly true for jobs traditionally held by men. Lampitt notes a nationwide annual gender wage gap of $15.8 billion. In New Jersey, women earn just 79 cents for every dollar a man earns in the workforce.

Christie returned two New Jersey employment discrimination bills to the legislature for significant amendments.

The first would have eliminated the statute of limitations for bringing compensation discrimination claims. The Christie Administration contends that asserting into the bill limitations on the amount of backpay that can be recover would bring it into better agreement with the holdings of the New Jersey Supreme Court and the Lilly Ledbetter Fair Pay Act of 2009. The governor proposed a two-year limit.

The next measure would have prohibited retaliation against employees requesting pay information. The governor recommended the provisions be included in the New Jersey Law Against Discrimination rather than being made part of NJ’s whistleblower law.

Establishing whistleblower protections is a key component that must be part of any real solution. The secrecy around pay in the workforce is one one the primary reasons why this form of silent discrimination is allowed to continue. Until employees who have reason to believe they are being paid unfairly are given access to compensation information, such discrepancies in pay will remain commonplace.
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Many of us have learned to do more with less as we climb out of the worst economic recession since the Great Depression. However, when such sacrifice is the result of wage and hour violations, an employee is protected under state and federal law.

Typically, however, it’s up to the employee to assert their legal rights to overtime. Joining co-workers in seeking advice from a NJ overtime lawyer can help you recover wages owed to you and your colleagues at work.A new survey conducted by Harris Interactive found half of U.S. workers believe that their employer violates overtime laws. Most employees feel the weak economy has also forced them to do more work for less pay. In Great Britain, France, Australia, China, Mexico, India and Brazil, about two-thirds of hourly workers report that their employer violates overtime laws at least some of the time.

Most hourly workers who were surveyed indicated an eagerness to work extra hours, presumably for additional pay. In the U.S., some 43 percent of workers said they wish more hours were available.

In the U.S., there has been an increase of nearly 50 percent in the number of employee claims alleging wage-and-hour violations – from about 5,000 complaints annually a decade ago to the current rate of more than 7,000 claims a year alleging violations of the Fair Labor Standards Act (FLSA).

The United States Department of Labor’s Wage and Hour Division is responsible for overseeing compliance with the FLSA. Under federal law, the minimum wage is $7.25. The New Jersey Assembly is debating whether to increase the state minimum wage to $8.50. Nonexempt hourly employees must be paid at least 1.5 times their regular wage for hours worked over 40 hours in a week.

Exempt Employees may include:
-Professional employees, including school teachers.
-Seasonal employees.
-Farm workers.
-Certain commission and sales positions.
-Certain salaried supervisory positions.

Tipped employees must be paid at least $2.13 an hour. However, tips must amount to at least the minimum wage or the employer must make up the difference. There can also be legal issues when employees are forced to share tips — particularly with supervisors or other non-tipped employees.

In other cases, an employee may be misclassified as a salaried employee, or wrongfully paid a salary for more than 40 hours worked. Another issue that has become commonplace is misclassifying employees as independent contractors. These violations can be particularly egregious and may also leave an employee uncovered by workers’ compensation insurance in the event of an on-the-job accident.

Unpaid or withheld wages may also constitute a wage-and-hour violation under the New Jersey State Wage Payment Law (N.J.S.A. 34:11-4.1).

Throughout the downturn, employers laid off workers and made existing staff pick up the slack. And many have been slow to increase hiring through what has been a sluggish recovery. Too often, employees do not report violations for fear of losing their job. While state and federal laws prohibit retaliation, it remains a valid concern.

But when such circumstances are permitted to become commonplace, basic employee rights become a casualty. When coworkers seek the advice of an experienced law firm, their rights are better protected.
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