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Articles Posted in Wage & Hour Law

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FLSA Prohibits Retaliation Based on Internal Complaints

The Second Circuit Court of Appeals recently held that the Fair Labor Standards Act (“FLSA”) prohibits employers from retaliating against employees who complain to their employer’s about a violation of the FLSA. The FLSA is a federal wage and hour law that, among other things, establishes minimum wage and overtime…

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Growing Number of New Jersey Municipalities Require Paid Sick Leave

Beginning this month, East Orange, Irvington, Passaic and Paterson will join Newark and Jersey City in requiring employers to provide their workforce with paid sick leave. Montclair and Trenton will begin requiring covered employers to provide paid sick leave in March. The ordinances governing sick pay in these municipalities largely…

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Employees Not Entitled to Be Paid for Time Waiting for Mandatory Security Screening

The United States Supreme Court recently ruled that an employer is not required to pay its employees for the time they have to wait to go through security screening even though the employer requires the screening. The employer, Integrity Staffing Solutions, Inc., provides warehouse employees to Amazon.com throughout the country. …

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FLSA Prohibits Retaliation Against Employee Who Complained About Violation of State Wage and Hour Law

Last month, a judge in the United States District Court for the District of New Jersey ruled that an employee who files a wage and hour claim with the New Jersey Department of Labor (“NJDOL”) can be protected from retaliation under the Fair Labor Standards Act (“FLSA”) even if her…

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Third Circuit Finds Individual Owners and Successor Company Can Be Liable for Overtime Violations

The Third Circuit Court of Appeals recently reinstated an employee’s class action overtime pay lawsuit under Fair Labor Standards Act (FLSA) and the New Jersey Wage and Hour Law (NJWHL).  In doing so it recognized successor companies can be liable for their predecessors’ overtime violations, and individual owners and supervisors…

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When is an Individual Personally Liable for a Company’s Overtime Violations?

Earlier this year, the Second Circuit Court of Appeals ruled that a company’s Chief Executive Officer can be held personally liable for a company’s overtime violations even if he had no personal involvement in violating the law. In Irizarry v. Catsimatidis, a group of employees filed a class action overtime…

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