wage and hour

Court Addresses When Commissions are Covered by Wage Payment Law

July 1, 2024 | by Jonathan I. Nirenberg

The New Jersey Wage Payment Law (“WPL”) is an important employment law that requires employers to pay employees their wages on time. Since August 2019, the WPL has entitled employees whose employers fail to pay them on time to recover not only their unpaid wages, but also up to 200% of that amount as liquidated damages plus their attorney’s fees.

One question that has been coming up with increasing frequency is when commissions are wages that are subject to the WPL, and thus when unpaid commissions (and belatedly paid commissions) are subject to the liquidated damages and attorney’s fee provisions.

The WPL defines wages to include at least some commissions, as follows:

Overtime Exemptions Only Apply to Salaried Employees

March 1, 2023 | by Jonathan I. Nirenberg

Last week, the United States Supreme Court ruled that, no matter how much an employee earns per year, the primary exemptions to federal overtime pay requirement do not apply unless the employee is guaranteed to receive at least $455 per week for any week in which he or she performed any work for the employer.

Michael Hewitt worked for Helix Energy Solutions Group as a “toolpusher” on an offshore rig. Helix paid him a flat fee for each day he worked. Mr. Hewitt worked for Helix for four consecutive weeks, typically 12 hours per day for seven days per week, followed by four weeks off. Although Helix did not pay him for the four week periods when he was not working, Mr. Hewitt earned over $200,000 per year. Even though Mr. Hewitt regularly worked more than 40 hours per week, Helix never paid him an overtime premium.

Mr. Hewitt sued Helix under the Fair Labor Standards Act of 1938 (“FLSA”), a federal law that requires employers to pay covered employees receive overtime pay if they work more than 40 hours per week.

New Jersey and New York Raise Minimum Wage

January 4, 2017 | by Jonathan I. Nirenberg

Starting on January 1, 2017, the minimum wage has increased in New York State, New York City and New Jersey. Specifically:

New Jersey

The minimum wage has increased from $8.38 to $8.44 per hour as a cost of living increase. Under New Jersey law, there will be additional cost of living increases in future years.