Credit: yuttana Contributor Studio/Shutterstock.com NJ Appeals Court, Relying on High Court Holding, Greenlights Wage-and-Hour Claim
"The legislature, however, did not tether Chapter 212's remedies to the accrual date of an employee's claim," stated Judge Carmen Messano. "It only prohibited an employee from recovering damages for wages due more than six years prior to the 'commencement' of the action, specifically the filing of a complaint in a court of competent jurisdiction."
March 01, 2023 at 04:00 PM
4 minute read
In a published decision, the Appellate Division, applying the New Jersey Supreme Court decision in W.S. v Hildreth, concluded that amendments to Chapter 212 entitled plaintiffs seeking relief under the Wage Payment Law and the Wage and Hour Law to the statutory remedies available as of the date they commenced their action in court.
According to the opinion, the plaintiffs in this case, Christopher Maia and Sean Howarth, filed a complaint on April 13, 2022, representing themselves and a proposed class that alleged the defendant, IEW Construction Group, failed to pay them for pre- and post-shift work. The claim sought relief under the WPL and the WHL, both of which were amended by Chapter 212 on August 6, 2019.
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