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Wage Theft and Overtime Class Actions

Companies often fail to pay any overtime for more than 40 hours of work per week. The Fair Labor Standards Act and New York and New Jersey Hour Laws require that employers compensate their non-exempt employees for all hours worked in excess of forty (40) hours per week.

wage fraudWorkers should be aware of their rights under these laws. You may be entitled to recover multiple years back wages that your employer has failed to pay. Employees are entitled to bring actions on behalf of their co-workers in court as class actions or collective actions.

Companies often fail to properly pay overtime wages to many categories of employees, including:

  • Construction workers; warehouse workers; factory workers; laborers, plumbers, electricians, masons, hospital employees; medical support staff; public sector employees; IT help desk employees; computer/network maintenance workers; bookkeepers/junior accountants; restaurant workers; airport employees, union employees

Employers make frequent errors, whether deliberate or not, in calculating overtime payment including:

  • Averaging hours over a two week period
  • Not including all payments in calculating the overtime rate of pay
  • Not paying overtime for all hours worked over 40 per week
  • Not including time spent preparing for work (donning and doffing)
  • Requiring employees to work through unpaid meal breaks

Recent Success


A $2.25 Million settlement of a wage and hour class action. Bryan Mintz brought the case on behalf of current and former delivery drivers of a New Jersey food distribution company. The primary allegation in the class action lawsuit was that the food distributor failed to pay overtime wages.

The food distributor vigorously denied that New Jersey’s Wage and Hour laws even applied to them or that they violated any laws. Mintz & Geftic successfully negotiated the settlement after a hard-fought legal battle that lasted 3.5 years.

As of June 2018, over 260 current and former drivers have received their settlement checks.


Mintz & Geftic’s Bryan H. Mintz, along with co-counsel, obtained a $1.5 million settlement against a New Jersey food distributor alleging violations of New Jersey’s Wage & Hour laws. That case involved allegations that truck drivers for the food distributor worked more the forty (40) hours per week with no overtime pay.


Elizabeth, New Jersey Wage Theft Lawyers

Our lawyers give personal attention to all of our clients. If you or a loved one might be a victim of wage theft, call us today at 908-352-2323 or send us an email by clicking here to evaluate your case.

Our New Jersey wage theft lawyers serve clients throughout New Jersey and New York, including the cities of Newark, Elizabeth, Jersey City, Short Hills, Livingston. We represent clients in Morris, Bergen, Essex, Hudson, Union and Middlesex counties. Our law firm has offices in Elizabeth, Short Hills and New York City.



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