The U.S. Labor Department reported that over 1,100 gas station attendants in New Jersey have received $5.5 million in back wages and damages over the past five years as a result of the Labor Department’s “multiyear enforcement initiative.” The Labor Department found that attendants employed by various gas stations including Shell, Exxon, BP have been denied basic minimum wage and overtime pay, in violation of the Federal Labor Standards Act. Due to its enforcement efforts, the Labor Department also reported that the industry was positively impacted in that some gas station hired more employees to avoid overtime violations, began to track hours worked, and contacted the Labor Department for help in providing training to managers on wage and hour laws.
The Fair Labor Standards Act requires non-exempt employees to be paid at the least the federal minimum wage of $7.25 per hour and over time pay of one and one-half times their regular rate of pay for hours worked in excess of 40 hours per week. The law also requires employers to maintain accurate time-keeping records and prohibits retaliation against employees who exercise their rights under the law. Most states also have wage and hour laws.