In August of this year, the New Jersey Legislature enacted a new wage theft law that is considered one of the strongest in the nation. This is very good news for employees who work in the State of New Jersey.
If your employer does not pay you, or pays you less than you are owed in wages or benefits the new law provides you with the means to obtain justice in the courts.
The Employer Must Act Promptly to Cure Unpaid Wages
The law requires employers to pay wages and benefits within 30 days of who fail to pay wages or benefits within 30 days may be guilty of a disorderly persons’ offense and potential criminal liability, including prison time from 10 to 90 days.
Employers May Not Retaliate
The law protects employees who complain about unpaid compensation from retaliation. It is illegal to fire or discriminate or otherwise retaliate against an employee for complaining in good faith to an employer, co-employees, an attorney or testifying about unpaid wages or compensation. Moreover, an employee fired within 90 days of making a complaint is presumed to have been fired in retaliation unless the employer can show by clear and convincing evidence the firing was unrelated to the wage complaint. What’s more, in a case of a retaliatory firing, the employer is required to offer the employee reinstatement to his or her job.
Employers are Responsible to Pay Your Reasonable Attorney Fees and Costs
In the event a court finds your employer failed to pay your wages or benefits your employer must pay your reasonable attorney.
Employers May Be Liable for Double Damages
An employer who fails to pay your wages is responsible to you for double damages. Say, for example your employer is found to owe you $5000.00. The law doubles this amount, making the employer responsible to pay $10,000.00
You Have Six Years to Sue
The old wage law provided an employee up to two years to sue. Now you may sue within six years.
This law is a serious game changer in the field of Wage and Hour litigation. If you are an employee who may have a claim and would like to learn more about the law, then simply give the Westfield Law Offices of Fred Shahrooz Scampato a call at 908-301-9095 or if you are in the Morristown area, then you can call the Law Offices of David Rostan at 973-520-8301.