Addressing an issue of first impression, a federal judge in Newark has ruled that a private cause of action is available for nonpayment of overtime under the New Jersey Wage and Hour Law, the state's analog to the federal Fair Labor Standards Act.

The judge denied a mortgage company's motion to dismiss an NJWHL claim by an underwriter who says the company failed to compensate her with overtime pay when she worked in excess of 40 hours per week.

The defendant in Thomson v. Real Estate Mortgage Network Inc. argued that the NJWHL's provision allowing recovery from employers failing to pay “the minimum fair wage” dictated that the statute allowed workers to sue employers who fail to pay the minimum wage but not those who improperly withhold overtime pay.