Class Action Attorneys Blog

In Kasten v. Saint-Gobain Performance Plastics Corp., the Supreme Court clarified the language contained within the Fair Labor Standards Act of 1938 (Act) that forbids employers “to discharge . . . any employee because such employee has filed any complaint” alleging a violation of the Act, 29 U. S. C. §215(a)(3). In reversing the Seventh Circuit Court, the Supreme Court held that the scope of statutory term “filed any complaint” includes ORAL, as well as written, complaints.

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A public hearing was held in Trenton, New Jersey on April 15, 2011 regarding a proposal to amend N.J.A.C. 12:56-6.1 and 12:56-7 with regard to exemptions from overtime compensation for executive, administrative, professional, and outside sales employees. The New Jersey Department of Labor and Workforce Development specifically wants to repeal its existing regulations for these exemptions and adopt the language of the federal counterparts instead. While the goal is to eliminate any inconsistencies between the state and federal regulations, the effect will be to lessen the burden on New Jersey employers hoping to justify denying overtime compensation to certain employees.

Continue reading " NJ Dept. of Labor Attempting to Amend State Wage and Hour Laws... for the Employer's Benefit " »