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 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 his…
Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigation 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 his clients, including a $525,000 jury verdict in a sexual…
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), the…
Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…
