The New Jersey Wage and Hour Law regulates minimal wage and overtime necessities.  It’s New Jersey’s counterpart to the Federal Honest Labor Requirements Act.  The Wage and Hour Regulation and Honest Labor Requirements Act are bedrock parts of New Jersey employment legislation.  Below the Wage and Hour Regulation, New Jersey employers must pay overtime at a charge of 1 and half instances an worker’s common pay if she works greater than forty hours per week.  Nevertheless, if the employer is in imagesCAWQ89PSthe trucking trade, the employer is barely legally required to pay time beyond regulation on the charge of 1 and half instances minimal wage.  Nevertheless, if the employer ought to have paid the upper charge however paid the decrease charge, it could actually elevate the protection that it did so in “good religion” reliance on authorities orders or laws.

Within the case of Branch v. Cream-O-Land Dairy, Elmer Department filed a category motion lawsuit within the New Jersey Superior Court docket towards his employer, Cream-O-Land Dairy, on behalf of himself and equally located truck drivers staff, for non-payment of time beyond regulation in violation of the Wage and Hour Regulation.  Cream-O-Land argued that it was not required to pay the upper charge for 2 causes.  First, it argued that it was a “trucking trade employer,” and that every one the staff had been paid a minimum of the decrease time beyond regulation charge.  Second, it argued that it met the “good religion” protection.  The trial agreed that Cream-O-Land happy the great religion protection and dismissed the case on that floor.  Department appealed to the Appellate Division of the Superior Court docket which reversed, discovering that the issues on which Cream-O-Land relied didn’t fulfill the statutory necessities of the Wage and Hour Regulation.

Cream-O-Land then appealed to the Supreme Court of New Jersey.  As a result of the trial choose didn’t tackle the exemption for trucking trade employers the Supreme Court docket, just like the Appellate Division,  examined solely whether or not Cream-O-Land happy the great religion protection.  It dominated that it didn’t.

The great religion protection is present in part 34:11-56a25.2 of the Wage and Hour Regulation.  It supplies:

…[N]o employer shall be topic to any legal responsibility or punishment for or on account of the failure of the employer to pay minimal wages or time beyond regulation compensation underneath this act, if he pleads and proves that the act or omission complained of was in good religion in conformity with and in reliance on any written administrative regulation, order, ruling, approval or interpretation by the Commissioner of the Division of Labor and Business or the Director of the Wage and Hour Bureau, or any administrative apply or enforcement coverage of such division or bureau with respect to the category of employers to which he belonged. Such a protection, if established, shall be a whole bar to the motion or continuing, however, that after such act or omission, such administrative regulation, order, ruling, approval, interpretation, apply, or enforcement coverage is modified or rescinded or is set by judicial authority to be invalid or of no authorized impact.

Thus, the burden is on the employer to show that it’s entitled to the exemption.  Cream-O-Land argued that three separate instances it had been concerned in happy the protection.  The primary was a handwritten choice in  2007 by a listening to officer for the Division of Labor that he thought-about Cream-O-Land to be a trucking trade employer.  The worker didn’t enchantment, so no choice by the Commissioner of the New Jersey Department of Labor or the Director of the New Jersey Wage and Hour Bureau themselves was ever issued.

Within the second, an investigator despatched an e mail to Cream-O-Land’s legal professional that he thought-about it to be a trucking trade employer.  Once more, because the worker who filed the grievance didn’t enchantment, no choice by the Commissioner of the Division of Labor and Business or the Director of the Wage and Hour Bureau themselves was ever issued.  Within the ultimate incident, the Division of Labor investigated one other worker’s grievance in 2017.  A Part Chief of the Division of Wage and Hour Compliance once more instructed the corporate that it was a trucking trade employer, however once more the employer didn’t enchantment so no additional order was ever issued.

The Supreme Court docket defined that the statute itself requires that to fulfill the great religion protection the employer should depend on a “regulation, order, ruling, approval or interpretation by the Commissioner of the Division of Labor and Business or the Director of the Wage and Hour Bureau” themselves.  The Supreme Court docket due to this fact defined that whereas Cream-O-Land’s reliance on the three choices was comprehensible, it couldn’t fulfill the statutory necessities.

The Supreme Court docket clearly understood that this choice may be unfair to the employer – after three instances by which it had prevailed as a result of it was a trucking trade employer, sooner or later it ought to have the ability to depend on these findings that it was.  Certainly, whereas the Supreme Court docket felt constrained to rule towards the corporate, it was clearly troubled by doing so.  Due to this fact in its opinion it urged the Legislature to amend the Wage and Hour Regulation to permit for reliance on these kinds of choices, or for the Division of Labor to undertake acceptable laws.  However till both one did so, the courts had been required to comply with the legislation as written.

The Supreme Court docket didn’t, nonetheless, rule that Cream-O-Land misplaced the case.  Quite it despatched the case again to the Superior Court docket for the trial choose to contemplate whether or not the details indicated that Cream-O-Land happy the necessities of the trucking trade employer exemption.

Name us at (973) 890-0004 or full the contact type on this web page to arrange a session with one among our New Jersey employment attorneys.  We signify each employees and employers on all points of New Jersey employment legislation, together with wage and hour points.  We might help.

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