Under both New Jersey and Federal Wage laws, a plaintiff seeking to recover damages for overtime and wage violations must set forth a pleading with sufficient facts that, if proven to be true, would entitle him or her to the relief requested. The United States District Court of New Jersey recently explained the allegations required to withstand a motion to dismiss in a wage violation claim. If your employer did not pay you the full wages you are owed or failed to pay your overtime wages for hours worked in excess of forty hours per week, it is prudent to speak with an experienced New Jersey overtime rights attorney to discuss your options for seeking compensation.
Allegations Regarding the Defendant’s Overtime Wage Violations
Reportedly, the plaintiff worked for the defendant as a baker and doughnut maker. The plaintiff was employed with the defendant from October 2014 through June 2016, and from June 2017 through November 2017. During both periods of employment, he worked about ten hours per day, six to seven days per week. He was paid $600.00 per week, but was not paid overtime wages. He was also not paid the total amount of wages he was owed.
It is alleged that the defendant filed a lawsuit on behalf of himself and others similarly situated in which he alleged that the defendant’s failure to pay him properly constituted violations of the Fair Labor Standards Act (FLSA) and the New Jersey Wage and Hour Law (NJWHL). The defendant filed a motion to dismiss, arguing that the plaintiff failed to state a claim upon which relief could be granted.