Thompson v. Real Estate Mortgage Network, Inc.
106 F. Supp. 3d 486
D.N.J.2015Background
- Patricia Thompson, a New Jersey resident, was an underwriter for SAMC and REMN from 2009 to 2010.
- Thompson alleges REMN and SAMC employed her and other similarly situated workers within the meaning of the FLSA and NJWHL.
- Defendants are New Jersey corporations that allegedly act as employers/joint employers under the FLSA and NJWHL.
- Chapman (co-owner/Executive VP of SAMC; later an REMN officer) and Lamparello (co-owner/president of SAMC; later an REMN officer) are named as defendants.
- Thompson claims overtime was unpaid and that she was misclassified as exempt; counts include FLSA overtime (Count I) and NJWHL overtime (Count II).
- The court denied the defendants’ 12(c) motion for judgment on the pleadings as to Count II, finding a private NJWHL right to recover unpaid overtime exists.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NJWHL provides a private right of action for overtime compensation | Thompson contends NJWHL includes overtime recovery similar to the FLSA | Defendants argue NJWHL private action covers only minimum wages | Yes; NJWHL private overtime action exists. |
Key Cases Cited
- Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 922 A.2d 710 (2007) (recognizes NJWHL overtime and liberal construction)
- Hargrove v. Sleepy’s, LLC, 220 N.J. 289, 106 A.3d 449 (2015) (liberal construction of NJWHL to effectuate remedial purpose)
- New Jersey Dept. of Labor v. Pepsi-Cola Co., 170 N.J. 59, 784 A.2d 64 (2001) (remedial purpose; parallel with FLSA)
- Raymour & Flanigan Furniture (In re Raymour & Flanigan Furniture), 405 N.J. Super. 367, 964 A.2d 830 (2009) (NJWHL overtime damages; interpretation consistent with NJ courts)
- Yellow Cab Co. of Camden v. State, 126 N.J. Super. 81, 312 A.2d 870 (1973) (overtime interpretation under NJWHL)