NJ Justices Say Agency Decisions Don't Back Up OT Defense

Law360 (January 13, 2021, 4:56 PM EST) -- The New Jersey Supreme Court on Wednesday said that Cream-O-Land Dairy could not escape a proposed class action by relying on determinations from lower-level employees of the state's labor department about its purported exemption from an overtime pay requirement, saying such decisions must come from agency leaders.

The justices agreed with a state appellate ruling that the business could not assert that "good-faith defense" based on the staffers' conclusions, finding that the underlying statute requires those types of findings from the commissioner of the state's Department of Labor and Workforce Development or the director of the Division of Wage and Hour...

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