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?
Statute of Limitations
Federal Court Settles New Jersey Wage Payment Law Statute of Limitations
By Fox Rothschild LLP on
In an important decision, a New Jersey federal district court has ruled that the statute of limitations for claims under the New Jersey Wage Payment Act is six years, not…
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Third Circuit Rules FLSA and State Wage Claims Are Not Incompatible: A Brave New (And Dangerous) World
By Fox Rothschild LLP on
In FLSA collective action cases, there has been a doctrine of law prevalent for a number of years. Federal claims and state law claims are not compatible and cannot be…
Continue Reading Third Circuit Rules FLSA and State Wage Claims Are Not Incompatible: A Brave New (And Dangerous) World
Willfulness Issue Is Tricky In FLSA Collective Actions
By Fox Rothschild LLP on
When plaintiffs file a FLSA collective action, they always claim that the employer acted willfully, so the plaintiff (and class) can reap the benefit of an extra year, a third…
Continue Reading Willfulness Issue Is Tricky In FLSA Collective Actions