Minimum wage and overtime violations can occur in a variety of ways and can occur in almost any type of workplace. Regardless of the nature of your employment, there is the possibility that your employer could illegally underpay you when it comes to overtime pay that you’ve earned. If this happens to you, you need to take prompt action and contact an experienced New Jersey wage and hour attorney about your case.
One recent example of this was an overtime case involving Tymeco, Iesha, and Teairra, three certified nursing assistants who all worked at the same assisted living facility in South Jersey. The terms of the CNAs’ employment were stated in a collective bargaining agreement completed between the facility owner and the nurses’ union. The CBA required that all disputes arising out of the CBA must go to arbitration rather than directly to court.
The three CNAs’ lawsuit alleged that the employer underpaid them in two ways. First, according to the employees, the employer paid wage differentials that were included in their regular rate of pay, but, when the employer paid overtime, it failed to include those wage differentials in the calculation, meaning that the overtime rate of pay they received was less than the full time-and-a-half they should have received.