Under laws such as the Fair Labor Standard Act (FLSA), employees have a right to certain wages and overtime payments depending on their classification as exempt or non-exempt employees. When individuals are not treated fairly and do not receive the legally mandated payments to which they are entitled, options exist to ensure employers comply with the strictures of the law.
An employee can file a private lawsuit for back wages, overtime, and for an equal amount as liquidated damages. Depending on the situation, either a two or three year statute of limitations for bringing the action applies. Employees who are discharged or discriminated against for taking action under the FLSA can be awarded equitable relief as well as compensation.
In some situations, class action lawsuits may be brought by one or more employees against an employer to recover wages. To be certified as a valid class, the employees bringing the suit must show they are similarly situated, such as being the victims of a common company policy, design, or plan. Factors that may be examined include the following:
After a class is certified, the other aggrieved employees can opt into the suit.
Knowledgeable New Jersey employment lawyers can help address any employment related issues you may have including questions about the FLSA.