Key Takeaways:

• The New Jersey Appellate Division recently ruled that employees may pursue representative claims under the New Jersey Wage and Hour Law (NJ WHL) and Prevailing Wage Act (NJ PWA) without first satisfying New Jersey’s class certification requirements.
• The decision also confirmed a statute of limitations defense: NJ WHL and related New Jersey Earned Sick Leave Law (NJ ESLL) claims based on pre-Aug. 6, 2019, conduct remain subject to a two-year limitations period, while NJ PWA claims are subject to a six-year limitations period.
• This decision may very well lead to more representative wage-and-hour actions in New Jersey Superior Court.

Background and Procedural History

On June 29, the New Jersey Appellate Division issued its decision in Martinez v. T. Slack Environmental Services, Inc., a wage-and-hour case involving claims under the NJ WHL, NJ PWA and NJ ESLL. The ruling expands the pathway for representative wage litigation in New Jersey while preserving an important statute of limitations defense for employers.

Plaintiff Juan Martinez worked for T. Slack Environmental Services Inc. (T. Slack) as a nonexempt employee from 2006 through 2019 and alleged that he and other hourly workers were subject to common employer pay practices that resulted in the underpayment of wages.

In February 2020, Martinez filed suit against T. Slack and its principal on behalf of himself and other similarly situated hourly employees. He asserted claims under the NJ WHL, NJ PWA and...

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