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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.

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Neil H. Deutsch
Senior Partner

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…

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Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey's premiere practitioners of employment and civil litigation. Mr. Atkins has also been included in the Thomson Reuters list of New Jersey Super Lawyers* in Employment Litigation since 2005. Mr. Atkins believes employees have rights that should be aggressively pursued when an employer has wrongfully dealt…

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Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins, 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 in a…

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Robert J. Pantina
Attorney

About Robert J. Pantina joined the firm in 2018. Mr. Pantina received his B.A. from Rider University in 2008. He received his J.D. from the Elisabeth Haub School of Law at Pace University in 2017. While in law school, Mr. Pantina interned for the Hon. Bonnie J. Mizdol, Assignment Judge of the Superior Court of…

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Diane Englander Peyser
Attorney

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

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