A New Jersey federal court recently held that a six-year, not a two-year, statute of limitations applies to claims under the New Jersey Wage Payment Law, N.J.S.A. 34:11-4.1, et seq., that section of the New Jersey wage and hour law that regulates administrative responsibilities for New Jersey employers, including time and mode of payment, paydays, payment by direct deposit, lawful deductions, and wage and hour records. Meyers v. Heffernan, 2014 WL 3343803 (D.N.J. July 8, 2014). This contrasts with other provisions of the wage and hour law, such as the minimum wage and overtime provisions, which are governed by a two-year statute of limitations.
Combining last week’s decision in American Express Co. v. Italian Colors Restaurant with its decision earlier this month in Oxford Health Plans v. Sutter, the Supreme Court’s position now seems clear. If an employer wants to avoid class or collective actions, it can do so by having an arbitration agreement…..
Fish v. Pompton Restaurant Assocs., Inc., 2010 WL 2867921 (App. Div., July 20, 2010) – In this case, the Appellate Division rejected a catering manager’s claim for overtime, also under the administrative exemption. The court identified the following specific factors supporting its finding: 1) she booked events at the banquet hall; (2) she planned menus
California Supreme Court: Holding Franchisor Liable as Employer Depends on Level of Control Over Day-to-Day Employment Decisions
Patterson v. Domino’s Pizza, LLC, No. S204543 (August 28, 2014): On August 28, 2014, the California Supreme Court issued a decision holding that a franchisor that did not exhibit the characteristics of an “employer” was not vicariously liable for the wrongful conduct that one franchisee employee directed toward another franchisee employee. The state high court