Law360 Reports on Wage Lawsuit Filed by Mensing Law LLC
Law360 recently reported on a lawsuit filed by Mensing Law LLC, which is seeking unpaid wages, benefits, and expenses on behalf of four employees of Senergene Solutions.
The plaintiffs initiated the lawsuit in the Superior Court of New Jersey, Law Division, in Mercer County, New Jersey. They are alleging breach of contract and violations of the wage payment laws in New Jersey, Illinois, and Massachusetts. These laws mandate employers to pay all earned wages to employees in a timely manner.
Employees in New Jersey have various rights and remedies under the Wage Payment Law (WPL) and the New Jersey Wage Theft Act (WTA). The WPL regulates the timeline and manner of wage payments to employees in New Jersey, prohibiting employers from withholding or diverting wages except in limited circumstances.
The WTA, enacted in 2019, made considerable modifications to the WPL. The WTA extended the statute of limitations for wage claims from two to six years, and intensified the penalties that employers might face in wage lawsuits. Under the WTA, employees can now recover attorneys' fees and liquidated damages up to 200% of the unpaid wages, potentially tripling an employer's financial liability for violating the WPL.
The WTA does provide a limited good faith defense to liquidated damages. Employers can avoid additional damages if all of the following conditions are met:
It is their first offense.
They can demonstrate that the violation was an unintentional good faith mistake.
They acknowledge the violation and pay the owed wages within 30 days.
However, this good faith defense is narrow and has firm criteria. In most cases, the WTA significantly heightens risks and monetary penalties for employers who fail to adequately pay earned wages under New Jersey law.
The WTA also instituted anti-retaliation provisions to the WPL, explicitly prohibiting employers from retaliating against employees who lodge complaints about wage infringements. Moreover, the WTA expressly permits employees to file lawsuits for violations of the WPL.
If you are a New Jersey employee who has been subjected to wage theft, it's important to know that you have rights and options. Don't hesitate to contact a New Jersey employment lawyer today to discuss your case.