NJ Dairy Co.'s 'Good Faith' Defense Can't Cream OT Suit

Law360 (June 19, 2019, 5:08 PM EDT) -- The New Jersey state appeals court ruled that a state regulator’s opinion on a complaint doesn't preclude a separate lawsuit arising from the same type of matter, issuing a published decision Wednesday that reinstated a Cream-O-Land Dairy LLC driver’s proposed class action seeking more overtime pay.

A three-judge Appellate Division panel’s opinion handed a victory to Elmer Branch, who appealed a lower court’s ruling that the New Jersey Department of Labor’s three decisions on previous overtime complaints sufficed as a “good-faith defense” for the warehousing and logistics firm. Those decisions, in which the division found that the company falls under the motor carrier...

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