JAVERBAUM WURGAFT ATTORNEY SUCCESSFUL BEFORE THE NEW JERSEY SUPREME COURT ON BEHALF OF THE NEW JERSEY ASSOCIATION FOR JUSTICE IN A WAGE AND HOUR OVERTIME CASE
January 14, 2021, Voorhees, NJ – Michael A. Galpern, Esq., a Partner in Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, argued on behalf of the New Jersey Association for Justice (NJAJ) before the New Jersey Supreme Court in a case involving a class action for overtime pay for truck drivers.
Plaintiff truck drivers brought an action against Cream-O-Land Dairy for payment of overtime wages under the New Jersey Wage and Hour Law. The Company asserted the defense that it relied upon the New Jersey Department of Labor’s definition for a “trucking industry employer” exemption. This exemption if upheld would have significantly reduced the drivers’ compensation.
The Supreme Court held that the Company could not rely on the Department of Labor’s previous investigations supporting the “trucking industry employer” exemption. The Court held that the Commissioner of Labor must make the final decision of the Labor Department, and that none of the decisions rendered by investigators or hearing officers relied upon by the Company were sufficient.
The decision means that exceptions to this important remedial statute will be narrowly construed, which will benefit the class of tuckers and countless future hard-working New Jersey citizens.
Javerbaum Wurgaft has served as amicus counsel numerous times on behalf of the New Jersey Association for Justice.
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