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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!