In a significant decision that will affect the scope of representative actions under the WHL and PWA, the New Jersey Appellate Division held that representative actions under the WHL and PWA do not require class certification under Rule 4:32-1—significantly expanding the ability of workers to bring representative actions under New Jersey law.
Seyfarth Synopsis: The New Jersey Appellate Division held that representative claims under the New Jersey Wage and Hour Law (“WHL”) and Prevailing Wage Act (“PWA”) do not require class certification and established a two-year look-back period to WHL and Earned Sick Leave Law (“ESLL”) claims predating the 2019 amendment.
In a significant decision that will affect the scope of representative actions under the WHL and PWA, the New Jersey Appellate Division held that representative actions under the WHL and PWA do not require class certification under Rule 4:32-1—significantly expanding the ability of workers to bring representative actions under New Jersey law.
This case involved a lawsuit brought by an employee of T. Slack Environmental Services, Inc. (“T. Slack”) alleging various WHL, PWA, and ESLL violations. Plaintiff initiated the lawsuit as a representative action, a procedural mechanism authorized by the WHL and PWA that permits an employee to pursue claims on behalf of similarly situated employees. Unlike a class action, which derives its authority from New Jersey Court Rule 4:32-1, a representative action derives its authority...
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