[author: Robert Santos]*
A recent decision by the New Jersey Appellate Division provides plaintiffs greater leeway when bringing representative actions under the New Jersey Wage and Hour Law.
Plaintiff Juan Martinez alleged that his employer, T. Slack Environmental Services, failed to properly pay prevailing wages, overtime, compensation for off-clock work, and earned sick leave. Bringing claims under New Jersey’s Wage and Hour Law, Prevailing Wage Act, and Earned Sick Leave Law, Mr. Martinez sought relief not only for himself but also for similarly situated employees. The trial court authorized the matter to proceed as a representative action, and the employer appealed to the state Appellate Division.
The employer argued that the plaintiff had not satisfied the class action requirements of New Jersey Rule 4:32-1 and that a representative action was not available outside of that Rule. (At the link, scroll down to “4:32-Class Actions,” click on the link, and then click on “4:32-1-Requirements for Maintaining Class Action.”)
The appellate division upheld the lower court decision for the most part and held that representative actions authorized by the New Jersey wage laws are distinct from class actions and therefore are not subject to the state’s class certification requirements under Rule 4:32-1.
The ruling makes it possible for plaintiffs to bring representative actions under the New Jersey laws on...
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