As an employer operating in New Jersey, you deal with a large number of laws, regulations, rules, and ordinances that can make operating a business a challenge. Whether those are imposed by federal, state, or local government, you need to pay close attention to make sure you are not inadvertently violating some requirement that could have an adverse effect on your business – or, of course, on you personally. One of these requirements, obviously, is that you pay your employees what you're required to pay them and when you're required to do so.
If you've been accused of wage theft in New Jersey, you need the help of an experienced criminal defense attorney. You face both criminal and civil consequences if you're found guilty, and as a result, you need a strong defense to the allegations you're facing. The Lento Law Firm's Criminal Defense Team is ready to defend you if you've been charged with wage theft. Call us today at 888.535.3686 or send us your contact information, and we will get back to you to schedule a confidential consultation with one of our experienced attorneys.
New Jersey's Wage Theft Act
New Jersey's Wage Theft Act makes it illegal to “knowingly” fail to pay an employee the “full amount of wages” that the employee is entitled to receive. There are a number of aspects of the Wage Theft Act that are important to keep in mind.
- It prohibits employers from failing to pay employees both the amount of the wages the employees are entitled to receive and from paying them in the manner required by law
- It prohibits an employer from retaliating against an employee for doing any of the following:
- Filing a complaint claiming that the employer hasn't paid the employee's wages as required
- Instituting any proceeding against the employer based on allegations that the employer has not properly paid the employee
- Testifying in any proceeding related to a wage theft claim
- Telling other employees about their rights under New Jersey law regarding wages and hours worked
Notably, for an employer to be convicted of violating the Wage Theft Act, there must be a finding that the employer “knowingly” failed to pay the employee as required. Similarly, any “retaliatory action” that the employer takes against the employee must be “because” the employee has taken any of the steps described above to protect their right to be paid fully and properly.
This means that an employer can't be convicted for inadvertent or accidental mistakes in how much or how the employee is paid. It also means that actions that might be viewed as retaliatory are not violations if there is no connection between the job action taken and the employee's assertion of their rights.
Penalties Under the Wage Theft Act
A conviction under the Wage Theft Act is a disorderly person's offense. A convicted employer can face a jail term of 10 to 90 days and a fine of between $500 and $1000. For second or subsequent offenses, the employer can be jailed for 10 to 100 days and fined between $1000 and $2000.
Wage Theft offenses accumulate on a weekly basis. That means that if a violation that happens during one week continues into the next week, it is considered a second offense. If the violation continues for a third week, the employer can face three criminal counts. If the employer violates the Wage Theft Act with respect to multiple employees, it can result in the employer facing multiple criminal counts – one for each employee per week, and the violation continues.
Other Remedies Under the Wage Theft Act
In addition to the criminal penalties that apply in a Wage Theft Act case, there are other remedies that can apply. If an employer discharges or takes “other discriminatory action” against an employee who asserts their rights under the Wage Theft Act, the employer will be required to offer to reinstate the employee (or correct the discriminatory action) and to pay the employee “all wages lost as a result of that discharge or discriminatory action.” In addition, the employer will be required to pay the employee “liquidated damages,” which can be as much as 200% of the wages that were due to the employee.
There is another important part of the law that employers need to keep in mind: it states that if an employer takes “an adverse action” against an employee within 90 days of when the employee makes a wage theft claim, the court will consider it “presumptive evidence” that the employer was knowingly retaliating against the employee.
Of course, there are any number of legitimate reasons why an employer may decide to discharge or reassign an employee, but if that employee has made a wage theft claim within the past 90 days, it makes sense to consult with the Lento Law Firm's Criminal Defense Team to make sure your actions do not result in a criminal charge. “Presumptive evidence” can be overcome by showing that there was a legitimate reason for discharging or reassigning an employee, but you will need to be able to support those reasons.
Another possible sanction for violating the Wage Theft Act is assessment by the Commissioner of Labor and Workforce of administrative penalties against the employer. These penalties can start at up to $250 for a first violation and run up to $500 for each subsequent violation.
Finally, an employee can file a lawsuit against the employer to recover “the full amount of any wages due,” plus liquidated damages of up to 200% of the wages lost or due, plus the employee's attorney's fees. If the employer is able to show that the unpaid wages were not paid because of an “inadvertent error made in good faith” and that the employer reasonably believed they were not violating the law, and if the employer pays the past-due amount within 30 days of receiving a notice of the violation, then the employer will not have to pay the 200% liquidated damages.
What to Do if an Employee Disputes Their Wages
In many cases, employees are arguing that they are entitled to more money than the employer believes they're owed. This can happen, for example, in cases where the employee believes they're entitled to overtime pay and the employer disagrees. When something like that happens, the employer is required to pay the employee at least the amount that the employer believes the employee is entitled to receive. The employee does not lose their right to file a claim under the Wage Theft Act if they accept the employer's payment. Any attempt by the employer to secure a release from the employee of the employee's Wage Theft Act claims is considered to be a violation of the Wage Theft Act and “shall be null and void.”
Make Sure You Meet Your Disclosure Requirements
Employers are required to inform each employee of their rate of pay and their regular payday. They must also give the employee a statement of all deductions made from their pay for each pay period. That needs to show the employee's gross and net wages, their rate of pay, and, if relevant to how their pay was calculated, the number of hours the employee worked during the pay period. The law also requires employers to post certain information about wage payments for employees to see.
The Lento Law Firm Can Help if You Have Been Accused of Wage Theft
Being accused of wage theft can not only result in you facing criminal charges and a potential jail term but also can harm your business's reputation. The fact is that it's not unusual for employers to make mistakes when it comes to worker pay, and not every mistake is a violation of the Wage Theft Act. If you're facing allegations that you have violated New Jersey's Wage Theft Act, you need the help of an experienced criminal defense attorney, someone who understands the law, what the prosecution is required to prove, and how to protect your rights and defend you against the allegations.
Prosecutors are not hesitant about pursuing wage theft cases. New Jersey has one of the most stringent wage theft laws in the country, and as a result, an honest mistake in how an employee or group of employees was paid can quickly escalate into multiple criminal charges that can end up on the front page of your local news site. That's why you need the help of an experienced member of the Lento Law Firm's Criminal Defense Team if you've been accused of Wage Theft in New Jersey.
Our attorneys regularly defend those accused of “white collar” crimes such as Wage Theft, and we know what it takes to effectively defend against these types of allegations. We will protect your rights from day one, making sure that prosecutors don't get away with any shortcuts when it comes to trying to prove their case. We can negotiate on your behalf to resolve your case in as favorable a way as possible under the circumstances, and when necessary, we will be ready to take your case to trial and force the prosecution to meet its heavy burden of proof.
If you've been accused of wage theft in New Jersey, call the Lento Law Firm's Criminal Defense Team at 888.535.3686 or use our contact form to schedule a confidential consultation. We want to hear about your case so that we can tell you how we can help.
