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.
Sufficiency of Pleadings in a Wage Violation Case
Upon review, the court stated that in considering a motion to dismiss the court must accept a plaintiff’s factual allegations as true, and determine whether the facts as alleged would entitle a plaintiff to relief. The court noted, however, that legal conclusions were not to be accepted as true, and the mere conclusory statements were insufficient to sustain a claim. In the subject case, the court held that although the plaintiff’s allegations were general, they nonetheless averred that he worked over sixty hours per week and was not paid the overtime and regular wages required under the law. Further, the plaintiff adequately set forth facts regarding his employment, such as the people responsible for his employment his dates of employment and weekly pay, and the damages he sustained.
Thus, the court found that the facts as alleged, if true, would entitle the plaintiff to relief. Additionally, the court stated that the plaintiff’s complaint was sufficient to put the defendant on notice of the claims against it. The court stated, however, that the three year statute of limitations for claims under the FLSA precluded any claims prior to April 2015 and the two year statute of limitations under the NJWHL precluded any claims prior to April 2016.
Meet with a Seasoned New Jersey Overtime Rights Attorney
Your employer is required to pay you for any hours you worked, and if you worked a certain number of hours per week they are required to pay you overtime wages as well. If your employer failed to pay you the wages you are owed you should meet with a seasoned New Jersey overtime rights attorney to determine your options for pursuing the wages you are owed. At The Jaffe Glenn Law Group our experienced wage violation attorneys will help you seek the compensation you are owed by drafting strong arguments in favor of your recovery. You can contact us at 201-687-9977 or through our online form to schedule a free and confidential meeting.
More Blog Posts:
New Jersey Court Analyzes Proof Required to Show a Collective Class, February 1, 2019, New Jersey and New York Employment Lawyer Blog