Search Site
Menu
21 Main Street, Suite 352, Court Plaza South | Hackensack, New Jersey 07601
Call For Consultation 551-245-8894

Enforcing Your Rights under the Fair Labor Standards Act

Your employer’s actions with regard to issues such as paying you the minimum wage, overtime, and keeping records that indicate hours worked or sales commissions earned are governed by the Fair Labor Standards Act. Aggrieved employees have the right to bring an action to enforce the provisions of this law.

Individual lawsuits or collective actions may be brought

Depending on your circumstances, you may be able to file an action on an individual basis. Sometimes it makes more sense for one or more similarly situated employees to join together and bring a collective action that can result in an award for unpaid wages for the entire class of affected employees.

Individual actions

The Fair Labor Standards Act provides that employees may file individual private actions against their employers for the following amounts:

  • Unpaid minimum wages, overtime, and also liquidated damages (a fixed or pre-determined amount of money)
  • Monetary damages and equitable relief (such as ordering the employer to rehire an employee) when an employee is discharged or discriminated against by an employer for asserting rights under the FLSA

Collective actions

In some cases, it is wise for employees to join together to bring a collective action against an employer for unpaid wages. Workers who bring this type of action have the burden of proof of showing that they are similarly situated and have the same claims under the law. After certification of the collective action by the court, aggrieved workers must opt in to this type of suit.

A skilled NJ overtime attorney can put you in the best position possible to win a judgment in your case against your employer.

Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Retired

About Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for…

Bruce  L.  Atkins Attorney Photo
Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005.  This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins…

Adam  J.  Kleinfeldt Attorney Photo
Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict…

Diane  Englander  Peyser Attorney Photo
Diane Englander Peyser
Attorney

About Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination,…

Debra M. McGarvey Attorney Photo
Debra M. McGarvey
Attorney

About Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA),…

AWARDS & AFFILIATIONS
Reviews and Ratings
  • google
    5.0/5.0

    I would gladly recommend Debra because of her attention to detail and her willingness to go out of her way to educate clients about how to achieve the best possible outcomes. She is a great advocate and a pleasure to work with.

    Read more

    Joe Fleischer

  • google
    5.0/5.0

    Deutsch Atkins & Kleinfeldt, P.C. is simply the BEST legal organization to have on your side and work with. Period! The entire organization worked as an extremely efficient, accurate, responsive and in a VERY professional manner at all times. Absol...

    Read more

    JEFF LECHOWICZ

  • google
    5.0/5.0

    I spoke to Diane Peyser who helped me clearly understand how to navigate my very difficult situation. Her expertise was exemplary, and her ability to help calm my concerns was excellent. My blood pressure literally went down after speaking with her...

    Read more

    Debra Quiat

  • google
    5.0/5.0

    I would strongly recommend the legal service of Neil Deutsch and staff. I interviewed three law firms before deciding on Deutsch Atkins for my Employment Discrimination case against a large multi-national employer. Neil was very responsive and availa...

    Read more

    Peter C

  • google
    5.0/5.0

    I retained Bruce Atkins for an employment related matter. Bruce and his entire team are honest, professional, responsive, and knowledgeable. He really takes the time to guide his clients through a tough situation, and explain all avenues. He certain...

    Read more

    Danielle Devincenzo

See all reviews
Contact us

Quick Contact Form