In a landmark decision on March 17, 2025, the New Jersey Supreme Court unanimously ruled in Rosalyn Musker v. Suuchi, Inc. that commissions are unequivocally considered “wages” under the NJ Wage Payment Law (WPL). This ruling strengthens protections for New Jersey employees, ensuring employers cannot evade their obligation to pay…
In a major decision impacting employment law across the nation, the United States Supreme Court ruled in E.M.D. Sales, Inc. v. Carrera, that the preponderance-of-the-evidence standard governs the employer’s burden of proving an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act…
The New Jersey Wage Payment Law (“WPL”) is an important employment law that requires employers to pay employees their wages on time. Since August 2019, the WPL has entitled employees whose employers fail to pay them on time to recover not only their unpaid wages, but also up to 200%…
Last week, the United States Supreme Court ruled that, no matter how much an employee earns per year, the primary exemptions to federal overtime pay requirement do not apply unless the employee is guaranteed to receive at least $455 per week for any week in which he or she performed…
The Third Circuit recently addressed when a bonus an employee receives from someone other than his or her employer counts toward the employee’s “regular hourly rate” of pay under the Fair Labor Standards Act (“FLSA”). The FLSA is a federal law that, among other things, requires employers to pay most…
Today, New Jersey’s Acting Governor Sheila Oliver signed an amendment to New Jersey’s wage and hour laws that makes several extremely important improvements. The amendment impacts several New Jersey laws, most importantly the Wage & Hour Law (“WHL”) and the Wage Payment Act (“WPA”). The WHL is a statute that…
The Third Circuit Court of Appeals recently ruled that the Fair Labor Standards Act (“FLSA”) requires employers to pay employees for breaks during the workday that are no longer than 20 minutes long. American Future Systems, which does business as Progressive Business Publications, publishes and sells business publications. Progressive pays…
In a recent ruling, the Third Circuit Court of Appeals concluded that an arbitration agreement did not prohibit an exotic dancer from pursuing her overtime and minimum wage claims in court. Alissa Moon worked at the Breathless Men’s Club, which is in Rahway, New Jersey. The Club treated her as…
Starting on January 1, 2017, the minimum wage has increased in New York State, New York City and New Jersey. Specifically: New Jersey The minimum wage has increased from $8.38 to $8.44 per hour as a cost of living increase. Under New Jersey law, there will be additional cost of…
A recent ruling from the United Stated Third Circuit Court of Appeals in a wage and hour lawsuit holds that an employer cannot use the fact that it voluntarily paid its employees during their lunch to offset periods when employees worked but were not paid. The Third Circuit is the…