Cannon v. Vineland Housing Auth., No. 06-2086 (D.N.J., September 19, 2008) – The New Jersey District Court recently adopted the Third Circuit’s analysis under the federal Fair Labor Standards Act (FLSA) to decide a wage claim under the New Jersey Wage and Hour Law (NJWHL). Plaintiffs sought overtime for all time spent “on call,” rather than the actual time spent responding to a call. Applying the factors enunciated in Ingram v. County of Bucks, 144 F.3d 265 (3d Cir. 1997), the Court determined plaintiffs were not entitled to overtime for on call waiting time under either the federal statute or the state law, because their time was not “so restricted that it interferes with personal pursuits.”
Note: This article was published in the October 2008 issue of the New Jersey eAuthority.