NJ Appellate Division Permits Uncertified Representative Wage Claims
New Jersey employers face heightened representative wage-and-hour litigation risk after a state appellate ruling removed class certification prerequisites for claims under the state Wage and Hour Law and Prevailing Wage Act.
On June 29, the New Jersey Appellate Division issued its ruling in Martinez v. T. Slack Environmental Services, holding that employees may pursue representative claims under the New Jersey Wage and Hour Law (NJ WHL) and Prevailing Wage Act (NJ PWA) without satisfying New Jersey’s traditional class certification requirements under Court Rule 4:32-1, extending prior precedent applicable to the state Earned Sick Leave Law. The court also clarified applicable limitations periods: NJ WHL and related sick leave claims for conduct predating the August 6, 2019 statutory amendments are subject to a two-year look-back period, while NJ PWA claims carry a six-year limitations period. In-house counsel for New Jersey employers should review pending and potential wage-and-hour litigation to identify valid timing-based defenses, and update organizational risk assessments for representative wage claim exposure.