Overtime Litigation – NJ Labor Law
In New Jersey, wage and hour litigation and enforcement proceedings include, for example, actions for failure to pay overtime pay, minimum wage, or other wages; and administrative proceedings to enforce laws relating to the employment of minors.
In wage and hour litigation in federal courts situated in New Jersey and in the New Jersey state courts, some of the New Jersey state laws which companies frequently are accused of violating are the following. At the Law Offices of David S. Rich, LLC, we have substantial experience litigating, on behalf of employers and individuals, many of these claims and many others.
Federal Law
Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (the “FLSA”), and its implementing regulations, 29 C.F.R. §§ 510 et seq.: The federal Fair Labor Standards Act and its corresponding regulations require almost all employers to pay most employees at least the federal minimum wage of $7.25 per hour for all hours worked and overtime pay at 1½ times the regular rate of pay for all hours worked in excess of 40 hours in a workweek.
However, the FLSA sets forth exemptions from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. The FLSA also exempts highly compensated employees and certain computer employees. In general, to qualify for exemption, workers must satisfy certain tests concerning their job duties and be paid on a salary basis at not less than $684 per week. Job titles do not decide exempt status. For an exemption to apply, a worker’s specific job responsibilities and salary must satisfy all the requisites of the U.S. Department of Labor’s regulations.
NJ Labor Law
State Wage and Hour Law, N.J.S.A. §§ 34:11-56a – 34:11-56a30, and its corresponding regulations, N.J.A.C. §§ 12:56 et seq.: Article I, paragraph 23 of the New Jersey Constitution, the New Jersey State Wage and Hour Law, and the State Wage and Hour Law’s implementing regulations require all employers to pay most employees at least the New Jersey minimum wage of $12.00 per hour for all hours worked and overtime pay at 1½ times the employee’s “regular hourly wage” for all hours worked in excess of 40 hours in a workweek.
Employees exempt from overtime under the New Jersey State Wage and Hour Law include any person employed in a bona fide executive, administrative or professional capacity. Other exempt employees in New Jersey are outside salespeople, farm laborers, hotel employees, employees of common carriers of passengers by motor bus, limousine drivers who are employed by an employer engaged in the business of operating limousines, and employees engaged in work relating to raising or care of livestock.
In New Jersey, to qualify for the executive, administrative, or professional employee exemption, an employee must be compensated on a salary or fee basis at a rate of not less than $684 per week.
In New Jersey, the administrative employee exemption also includes an employee whose primary duty consists of sales activity and who receives at least 50 percent of his or her total compensation from commissions and a total compensation of not less than $400 per week.
Child Labor Law, N.J.S.A. §§ 34:2-21.1 – 34:2-21.64: The New Jersey Child Labor Law prohibits all employers from employing minors (that is, persons under 18 years of age) in certain jobs, and limits the hours for or during which an employer may allow minors to work. Further, the New Jersey Child Labor Law provides that no minor may work in any gainful occupation, unless and until the person employing that minor procures and keeps on file an employment certificate or special permit issued by the issuing officer of the school district in which the minor resides, or of the district in which the minor has obtained a promise of employment if the minor is a nonresident of the State.
The New Jersey Department of Labor is responsible for enforcing the New Jersey Child Labor Law. The Department of Labor files complaints against violators of the Child Labor Law and prosecutes the violators. Further, the Department of Labor assesses and collects administrative penalties against employers which flout the New Jersey Child Labor Law.
Wage Payment Law, N.J.S.A. §§ 34:11-4.1 – 34:11-33: The New Jersey Wage Payment Law requires every employer to pay the full amount of wages due to its employees at least twice during each calendar month, on regular paydays designated in advance by the employer. The New Jersey Commissioner of Labor and his authorized representatives are responsible for enforcing the New Jersey Wage Payment Law by, among other actions, instituting administrative proceedings against employers seeking monetary penalties.
The Law Offices of David S. Rich, LLC will vigorously defend your company in labor and employment litigation in New Jersey, including overtime lawsuits and other wage and hour lawsuits and administrative proceedings.
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