In lawsuits where employees claim their employer wrongfully withheld overtime or minimum wage, if the employer claims that the employees were “exempt” it bears the burden of proving that they actually met the requirements of the exemption under the Federal Fair Labor Standards Act. There was a split among the…
New Jersey employment law offers strong protections to employees. Among these are the New Jersey Wage Payment Law and the New Jersey Wage and Hour Law, both of which were amended in 2019 to increase the statute of limitations from two years to six, and increase penalties for violations. In…
The United States Court of Appeals for the Third Circuit, which hears appeals from federal district courts in New Jersey, Delaware, Pennsylvania and the United States Virgin Islands, recently rejected a challenge to the New Jersey Temporary Workers’ Bill of Rights in the case of New Jersey Staffing Alliance vs.…
New Jersey employment law affords significant wage and hour protections to employees through the New Jersey Wage and Hour Law and the New Jersey Wage Payment Law. Both laws were significantly strengthened by amendments in 2019, adding additional penalties, recovery of attorneys fees, enhanced damages, and a longer, six-year statute…
The Wage and Hour Division of the United States Department of Labor has issued a new regulation vastly increasing the number of employees who are entitled to overtime. Background Both Federal and New Jersey employment law both require that employees must be paid one and a half times their regular…
New Jersey employment law requires that employees must be paid at regular intervals, at least twice per month. The proposition that employees should be paid for the time that they work does not seem to be illogical. However, litigation over non-payment of wages is all too common. The New Jersey…
The New Jersey Wage and Hour Law and Wage Payment Law Like the Federal Fair Labor Standards Act, New Jersey’s Wage and Hour Law requires that employers pay non-exempt employees minimum wage for all hours that they work, and overtime (time and a half) when employees work more than forty…
The Increase New Jersey’s minimum wage rate is going up again. The new minimum wage rate during this incremental increase is $13 per hour effective January 1, 2022. Background In 2019, Governor Murphy signed legislation raising New Jersey’s minimum wage rate. The ultimate rate will be a minimum wage…
New Jersey employment law governs the classification of workers as employees or independent contractors. The classification is important and fact sensitive. It has far reaching consequences. The Appellate Division recently issued a published opinion in the case of East Bay Drywall, LLC vs. the Department of Labor and Workforce Development,…
The New Jersey Wage and Hour Law regulates minimum wage and overtime requirements. It is New Jersey’s counterpart to the Federal Fair Labor Standards Act. The Wage and Hour Law and Fair Labor Standards Act are bedrock elements of New Jersey employment law. Under the Wage and Hour Law, New…