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01/15/21 Jon L. Gelman Plaintiff Elmer Branch brought a putative class action against his employer, defendant Cream-O-Land Dairy, on behalf of himself and similarly situated truck drivers employed by defendant, for payment of overtime wages pursuant to the New Jersey Wage and Hour Law (WHL). In this appeal, the Court considers whether defendant could assert a defense to the action under N.J.S.A. 34:11-56a25.2 based on its good-faith reliance on certain determinations by employees of the Department of Labor and Workforce Development (Department) that defendant is a “trucking industry employer.” Subject to exceptions enumerated in the statute, the WHL provides that an employer shall “pay each employee not less than 1 1⁄2 times such employee s regular hourly rate for each hour of” overtime. N.J.S.A. 34:11-56a4(b)(1). The WHL, however, creates an exemption from that overtime compensation requirement for employees of a “trucking industry employer.” N.J.S.A. 34:11-56a4(f).

United statesNew jerseyJonl gelmanUnited states department of laborAppellate divisionDivision of wageWorkforce development departmentPlaintiff elmer branchHour compliance divisionDepartment of laborCourt rules truck drivers entitledElmer branchCreamo land dairyNew jersey wageHour lawWorkforce development