The New Jersey Wage Theft Act was passed in August 2019. One of the things it did was stretch the statute of limitations from two years to six years. Since
Continue Reading New Jersey Appellate Decision Lengthens Statute of Limitations: HorribleNew Jersey Wage Hour Law
A Lesson for Employers – Take the Easy Way Out: No Jurisdiction in FLSA Lawsuit
I always look for the easiest way out of a FLSA lawsuit. I use the word “easiest” in the most generic sense, as no magic bullet defense is truly easy.
Continue Reading A Lesson for Employers – Take the Easy Way Out: No Jurisdiction in FLSA Lawsuit
Use of Fluctuating Workweek Method To Compute Damages Disallowed
A group of New Jersey sales associates who work in Dish Network LLC call centers urged a federal court to confirm a $1.9 million arbitration award stemming from a proposed…
Continue Reading Use of Fluctuating Workweek Method To Compute Damages Disallowed
Motion To Dismiss New Jersey State Overtime Claim in FLSA Case: Why Do It?
In most (if not all) FLSA cases I handle, whether single plaintiff or collective action, there is usually a State of New Jersey cause of action set forth as Count…
Continue Reading Motion To Dismiss New Jersey State Overtime Claim in FLSA Case: Why Do It?
Preemption Defense In Federal Court Dooms NJ State Overtime Claim
When a FLSA case (or a state law wage hour case) is filed against a unionized client, the first line of defense for me is to ascertain if we can…
Continue Reading Preemption Defense In Federal Court Dooms NJ State Overtime Claim