Roosevelt Jean successfully dismissed a breach of contract claim, which demanded nearly $900,000 for unpaid wages in a case before Judge Peter C. Wilson of the Bergen County Superior Court. Plaintiff claimed North West Bergen County Utilities Authority failed to compensate him for “Stand-by Duty” from March 17, 1989 until August 21, 2013, a period of 24 years.

Mr. Jean persuaded Judge Wilson that pursuant to both the Fair Labor Standards Act and New Jersey’s State Wage and Hour law, plaintiff was not entitled to overtime compensation because he was an “exempt” managerial employee.  Mr. Jean vindicated the Authority by marshaling evidence gained during nearly two years of discovery, including long established Federal and State precedent, two decades of plaintiff’s financial records, and plaintiff’s deposition testimony – wherein Mr. Jean’s steadfast questioning resulted in plaintiff conceding that the Authority's Collective Bargaining Agreement did not apply to him, and that he was not entitled to overtime pay upon acceptance of his managerial position.

Based on the overwhelming evidence Mr. Jean presented,  the Court rejected plaintiff’s claims by holding that plaintiff was an “exempt employee,” and that there was no “meeting of the minds” to create an enforceable contract between plaintiff and the Authority, as a matter of law.

A copy of the Court’s decision was posted on-line by the New Jersey Law Journal's Daily Decision Alert Newsletter and the New Jersey Judiciary website’s list of Trial Court Unpublished Decisions.  A link to the decision can be found here.

Chasan Lamparello
Mallon & Cappuzzo, PC

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