Articles Posted in Wage Payment Law

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tropical cycloneAlmost anyone familiar with the phrases “exempt employee” and “non-exempt employee” understands that exempt employees generally are not entitled to receive overtime pay. However, what if you are an exempt employee who performs work that is potentially outside the parameters of your employment contract? In that situation, you may be entitled to receive extra pay for that extra-contractual work. One important way to protect your financial rights and get everything that you deserve is to retain a knowledgeable New Jersey overtime attorney to advocate for you.

One case of workers involved in such a dispute were two employees of the Atlantic City schools who worked during Superstorm Sandy. Sandy was definitely an occasion when many people found themselves performing tasks outside their usual employment routine. As the superstorm bore down upon the New Jersey area, many emergency measures were undertaken. The City of Atlantic City asked to use the Atlantic City Board of Education’s schools as shelters. Gary and Dewane, two supervisory-level employees of the board, worked at the shelters both before and during the storm. For their work before and during the storm, Gary received $3,174, and Dewane received almost $14,000.

After the men received their money, a state agency determined that employees like Gary and Dewane weren’t entitled to overtime under the terms of their employment contracts. Both men were administrators who earned annual salaries and were exempt from receiving overtime pay, in the opinion of the agency.

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woman walkingThe issue of compliance with overtime and minimum wage requirements is an emerging one within the realm of certain adult entertainment businesses. Many exotic dancers have begun taking their employers to court to claim that the pay they receive doesn’t satisfy the minimum wage. Some clubs have used the “employee versus independent contractor” argument to attempt to escape liability. Others have inserted in their agreements with their dancers clauses requiring arbitration of disputes.

In the case of one Rahway dancer, the dancer was able to avoid being forced into arbitration after the Third Circuit Court of Appeals ruled that arbitration clauses must have specific language to include statutory claims like minimum wage and discrimination, and the dancer’s clause didn’t have that wording. The dancer’s victory here shows once again that, in many employment cases, the difference between success and defeat is in the details, which is why you need a knowledgeable New Jersey employment attorney on your side.

Alissa was an exotic dancer at a men’s club in Rahway. As is often common in this business field, this club required their dancers to sign contracts that stated that the dancers were independent contractors who were merely renting performance space inside the club. The contract also had another common provision:  the arbitration clause. This clause stated that either party could seek to compel arbitration of any dispute that arose under the terms of the contract.

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fine printEveryone generally begins a new job hoping it will be a complete success, and it is generally while filled with these high hopes that an employee signs his employment contract, complete with all of its “fine print.” In the case of one pharmaceutical company employee, the New Jersey Appellate Division issued an important ruling in favor of workers, concluding that the law allowed him to bring his Wage Payment Law action and that the arbitration clause in his employment contract was unenforceable.

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