Court Orders New Jersey Employer To Pay $65,000 In Wage And Hour Retaliation Case
On November 3rd, 2022, the Department of Labor (DOL) announced that the United States District Court for the District of New Jersey has ordered Advantix—a staffing agency based in Bergen County—to pay $65,000 to a former employee as a part of a wage and hour workplace retaliation claim. Here, our New Jersey retaliation attorney provides a more detailed overview of the case.
Allegations: Staffing Agency Retaliated Worker Who Complained About Unpaid Wages
According to the allegations raised by the DOL, an employee of the North Jersey staffing agency Advantix complained about underpayment of wages. The worker contends that he was not properly compensated for the full hours worked in violation of the Fair Labor Standards Act (FLSA). In February of 2022, the DOL alleges that the employee was fired because of that complaint.
Finding in favor of the employee and against the New Jersey-based staffing agency, a federal court has determined that the company unlawfully retaliated against the worker because it received a wage and hour complaint. The employee has been awarded $65,000 in financial relief. Additionally, an injunction has been issued against the employer forbidding it from any further retaliatory action.
State and Federal Laws Protect Worker Rights to Complain About Wage and Hour Violations
Wage and hour laws help to protect the rights of employees and ensure that they receive full and proper payment for the full hours that they worked. The Fair Labor Standards Act (FLSA) is the primary federal wage and hour law. It applies to the overwhelming majority of employers in New Jersey. Beyond that, New Jersey also has its own state-level wage and hour regulations, including a law that sets a state minimum wage that is higher than the national minimum requirement.
New Jersey wage and hour law and the federal FLSA protect the rights of employees to complain about wage and hour violations—both informally to their employer and formally by filing a wage and hour claim. Employers cannot take adverse action against an employee because that employee initiated a formal or informal wage and hour complaint. By doing so, a New Jersey employer is engaging in unlawful retaliation.
Retaliation is its own distinct cause of action in employment law. It occurs when an employee is subject to adverse employment action—demotion, suspension, termination, harassment, etc—because they engaged in a legally protected activity. An employee subject to retaliation has the right to file a legal claim against his or her employer.
Contact Our New Jersey Employer Retaliation Lawyer Today
At Poulos LoPiccolo PC, our New Jersey employment law attorneys have the knowledge, skills, and experience to represent workers in the full range of retaliation claims. If you or your family member was punished for engaging in a protected activity, we can help. Contact us today for a completely confidential case evaluation. We represent employees throughout Monmouth County, including in Ocean, Middleton Township, Marlboro, Howell Township, Long Beach, and Tinton Falls.
Source:
dol.gov/newsroom/releases/whd/whd20221103-2
