Section 16(b) of Fair Labor Standards Act is found in 29 U.S.C. 201, et seq. The Fair Labor Standards Act (FLSA) is a federal act that is sometimes referred to as the minimum wage law. It also deals with child labor, overtime pay requirements, and equal pay provisions. to be shipped in interstate commerce. Coverage of the FLSA is very broad. Almost all businesses could be said to be involved in interstate commerce in some way. Exemptions to the Act are very specifically defined.
A corporate employer obviously can be liable under the Act, but individual officers can also be held liable. Anyone who actively participates in the running of the business can be liable. Payment of unpaid wages plus a penalty is the usual penalty for violation of the minimum wage or overtime provisions of the Act. However, fines of up to $10,000 and/or imprisonment for up to six months are possible for willful violations. A willful violation of the Act occurs when you know that you are clearly violating the Act but do it anyway.
Enforcement of the FLSA can result from an employee filing a complaint with the Wage and Hour Dept. of the Department of Labor or by the Dept. of Labor initiating its own investigation. Random audits are not uncommon, but audits generally result from a formal or informal complaint of an employee. Employers are prohibited by the FLSA from firing an employee for making a complaint or participating in a Dept. of Labor investigation.
The FLSA requires that nonexempt employees be paid 1.5 times their regular rate of pay for time work in excess of 40 hours. Salaried employees also are entitled to overtime payment unless they come under one of the white collar exemptions. To compute overtime payment due to a salaried employee, you divide their regular wage (figured as a weekly wage) by the number of hours they normally work in a week and then multiply it by 1.5 to get the amount they would receive for hours worked in excess of 40.
Title: New Jersey Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act Keywords: New Jersey, Complaint, Recover, Overtime Compensation, Wages, State Court, Section 16(b), Fair Labor Standards Act Introduction: In New Jersey, employees who have been denied proper overtime compensation or wages can file a complaint in state court to recover their rightful earnings under Section 16(b) of the Fair Labor Standards Act (FLEA). This legal process provides an avenue for individuals to enforce their rights and ensure they are fairly compensated for their hard work. Here, we discuss the different types of complaints that can be filed in New Jersey to recover overtime compensation or wages under this specific provision of the FLEA. Types of New Jersey Complaints to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act: There are several possible complaints employees in New Jersey can file to recover unpaid overtime compensation or wages. The specific type of complaint will depend on the circumstances and details of the case. Here are two common types: 1. Individual Complaint: An individual complaint is filed by a single employee who believes they have been unlawfully denied overtime compensation or wages. This can occur when an employer fails to provide overtime pay when required or improperly withholds wages. In this complaint, the employee seeks to recover their own unpaid earnings and any additional damages they may be entitled to under the FLEA. 2. Collective Action Complaint: A collective action complaint is filed by one or more employees on behalf of themselves and other similarly situated employees. This type of complaint is appropriate when multiple employees have experienced the same wage and hour violations by the same employer. By filing a collective action complaint, employees can join together to pursue legal action, combining their efforts and resources to seek recovery of unpaid overtime compensation or wages for the entire affected group. Process of Filing a Complaint: To initiate the process of filing a complaint in New Jersey to recover overtime compensation or wages under Section 16(b) of the FLEA, individuals should follow these general steps: 1. Understand Your Rights: Familiarize yourself with the provisions of the Fair Labor Standards Act and the specific regulations governing overtime compensation and wage payments in New Jersey. 2. Gather Documentation: Collect relevant documents that support your claim, such as pay stubs, time records, employment contracts, or any correspondence related to your wages or overtime. 3. Consult an Attorney: Seek legal advice from an experienced employment attorney in New Jersey who specializes in wage and hour matters. They can evaluate your case, help determine the appropriate type of complaint, and guide you through the legal process. 4. Prepare the Complaint: Your attorney will help draft a detailed complaint, clearly outlining the wage and hour violations that have occurred and the relief sought. The complaint must comply with all New Jersey state court rules and FLEA requirements. 5. File the Complaint: Your attorney will file the complaint in the appropriate New Jersey state court. They will ensure all necessary documents, such as the complaint itself and any required filing fees, are submitted correctly. Conclusion: Filing a New Jersey complaint to recover overtime compensation or wages in state court under Section 16(b) of the Fair Labor Standards Act is an important step towards protecting employees' rights and seeking proper compensation for their hard work. By understanding the different types of complaints available, individuals can choose the appropriate legal action to address their specific wage and hour violations effectively. Seeking assistance from an experienced employment attorney will greatly enhance the chances of a successful outcome in recovering unpaid overtime compensation or wages.
