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 Legislation and Honest Labor Requirements Act are bedrock components of New Jersey employment regulation.  Beneath the Wage and Hour Legislation, New Jersey employers must pay overtime at a price of 1 and half instances an worker’s common pay if she works greater than forty hours every week.  Nevertheless, if the employer is in imagesCAWQ89PSthe trucking business, the employer is just legally required to pay additional time on the price of 1 and half instances minimal wage.  Nevertheless, if the employer ought to have paid the upper price however paid the decrease price, it might probably increase 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 workers, for non-payment of additional time in violation of the Wage and Hour Legislation.  Cream-O-Land argued that it was not required to pay the upper price for 2 causes.  First, it argued that it was a “trucking business employer,” and that each one the staff have been paid not less than the decrease additional time price.  Second, it argued that it met the “good religion” protection.  The trial agreed that Cream-O-Land happy the nice 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 Legislation.

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

The nice religion protection is present in part 34:11-56a25.2 of the Wage and Hour Legislation.  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 additional time compensation beneath 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 follow 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 an entire bar to the motion or continuing, however, that after such act or omission, such administrative regulation, order, ruling, approval, interpretation, follow, 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 circumstances 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 business employer.  The worker didn’t attraction, 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 electronic mail to Cream-O-Land’s legal professional that he thought-about it to be a trucking business employer.  Once more, because the worker who filed the criticism didn’t attraction, 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 last incident, the Division of Labor investigated one other worker’s criticism in 2017.  A Part Chief of the Division of Wage and Hour Compliance once more advised the corporate that it was a trucking business employer, however once more the employer didn’t attraction so no additional order was ever issued.

The Supreme Court docket defined that the statute itself requires that to fulfill the nice 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 subsequently defined that whereas Cream-O-Land’s reliance on the three selections 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 circumstances by which it had prevailed as a result of it was a trucking business employer, in some unspecified time in the future it ought to be capable 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.  Subsequently in its opinion it urged the Legislature to amend the Wage and Hour Legislation to permit for reliance on most of these selections, or for the Division of Labor to undertake applicable laws.  However till both one did so, the courts have been required to comply with the regulation 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 decide to think about whether or not the information indicated that Cream-O-Land happy the necessities of the trucking business employer exemption.

Name us at (973) 890-0004 or full the contact kind on this web page to arrange a session with one in every of our New Jersey employment attorneys.  We characterize each employees and employers on all elements of New Jersey employment regulation, together with wage and hour points.  We may help.

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