Mark & Galusha, LLC, Employment Lawyers, Harrison and North Bergen Township, Hudson County, New Jersey.

Unless an employer is capable of showing evidence which allows an exemption, most companies within the State of New Jersey are subject to the terms outlined within the Fair Labor Standards Act (the "FLSA"). The act was instituted to protect employees from oppression by not allowing child labor, setting a standard for minimum wage and guarantying overtime pay.

Even though this Act was put in place in 1938, the reaching and vital effects of the law still protect individuals from being taken advantage of at their places of work. While many employers have methodically created their Employee Manuals to account for the FSLA, there are still situations that arise wherein the Federal Law is not obeyed and clearly broken.

In the matter of Lilli Morse v. J.P. Morgan & Chase, U.S.D.C., District of Fl., 8:11-cv-00779, Ms. Morse sued her previous employer for retaliating against her after she posted comments on her Facebook Page complaining about not being paid overtime. Plaintiff claims that she was terminated as a result of this posting. Defendant moved for Summary Judgment and same was granted, in part. The Court found that Ms. Morse's Facebook venting did not hold the same significance as the filing of an actual complaint directly through JP Morgan & Chase would have.

While many firms representing employers have claimed this as a victory, the Court Order did not completely dismiss Ms. Morse's Complaint and instead, granted her leave to file an Amended Complaint. Plaintiff's claims of retaliation were dismissed yet her claims of unpaid overtime were found to hold weight.

With every revolution comes responsibility. It is clear that the Communication Revolution is still at its birthing hour and the long term effects of being connected to everyone at every time at every moment have yet to be seen. However, in the Court system, the evidence produced through the social media have already won and lost many cases.

If you feel that you have been retaliated against as a result of an internet posting or an e-mail exchange, please do not hesitate to contact the law offices of Mark & Galusha, LLC. We are experienced attorneys who specialize in employment matters throughout Harrison, North Bergen Township and Hudson County. We can be reached at (908) 626-1001 or 973-440-2311, or simply tell us your story by clicking the "contact us" page.