KSL attorney Deena B. Rosendahl, Esq. recently settled a New Jersey Department of Labor and Workforce Development (“DOL”) Wage and Hour claim for a local small business owner.
The employer was originally assessed over $207,000.00 for alleged unpaid overtime and minimum wage violations. The employer was paying its employees by way of a salary. However, the positions held were non-exempt positions requiring the maintenance of time records. The positions were also eligible for overtime pay. The employer did not maintain time records and did not pay overtime.
Utilizing business records to re-create actual time worked, Ms. Rosendahl found the actual time was significantly less than the alleged hours worked. Ms. Rosendahl also worked with the employer to correct record keeping practices to ensure future compliance with all wage and hour laws.
The DOL has accepted a settlement of just over $86,000.00, saving the employer over $121,000.00. Most significantly, the original penalty assessed against the employer was reduced from $34,000.00 to just $2,000.00. This reduction was possible, in large part, due to Ms. Rosendahl’s involvement. The DOL recognized the employer’s efforts, evidenced through its retention of Ms. Rosendahl, to ensure future compliance and correct any error in its pay practices and therefore agreed to significantly reduce the assessed penalty.
The Department of Labor, Wage and Hour Division is the enforcement agency charged with the responsibility to enforce labor laws regarding conditions of employment and the method and manner of payment of wages. If you have compliance questions regarding your pay practices, or believe your employer has violated your rights, contact Deena B. Rosendahl, Esq. at Drosendahl@northjerseyattorneys.com or 201-947-8855.