as You Work
Legal Issues in the Workplace
If you were fired, demoted, had your hours or pay cut or were retaliated against in other ways because you complained about your employer’s failure to pay you, you are legally protected from retaliation. That is because when you complain about improper pay practices, you are protected from retaliation by various different state and federal laws. Those laws include Section 15(a)(3) of the federal Fair Labor Standards Act (FLSA), the New Jersey Wage Payment Law, N.J.S.A. 34:11-4.10, and even our State’s whistleblowing law, the Conscientious Employee Protection Act, N.J.S.A. 34:19-1, (CEPA). The anti-retaliation protections of those laws apply whether you complain to your employer or a supervisor, file a complaint with a governmental agency or the court about improper pay, assist in a governmental agency’s investigation into your employer’s pay practices, testify in a legal proceeding regarding improper pay, and/or advise co-workers of their rights under the law.
Under New Jersey’s Wage Theft Law, it is unlawful for employers to retaliate against employees who file a complaint or otherwise complain of wage theft. The law defines retaliation as firing or otherwise discriminating against employees who
Additionally, the New Jersey Wage Theft Law provides that the existence of retaliation can be preliminarily established if an adverse action is taken against an employee within 90 days of the employee filing a complaint with the Commissioner of Labor or in court for a violation of the wage and hour laws. An employer can then only overcome that presumption of retaliation by proving by clear and convincing evidence, which is a high legal standard, that the action was taken for legally permissible reasons.
If you are successful in pursuing an illegal retaliation claim under the Wage Theft Law, your employer must
Yes, employers who retaliate against employees who file a complaint for a wage violation, will be charged with a disorderly persons offense and, if convicted, must pay certain fines.
It can be very overwhelming and nerve-wracking to try to deal with wage theft at work. But you do not need to confront your employer on your own because New Jersey’s anti-retaliation lawyers and wage theft attorneys Lenzo & Reis have successfully represented thousands of employees in various types of improper pay, wage theft, and retaliation claims. Our wage theft lawyers not only fight for your pay but also for your dignity. Contact New Jersey’s wage theft attorneys today either by phone at (973) 845-9922 or by e-mail by clicking here.