Search Rutgers Law Library N.J. Court Opinions

1 Elmer Branch v. Cream-O-Land Dairy -- rank: 1000

... 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 ... was entitled to invoke the absolute defense set forth in N.J.S.A. 34:11- 56a25.2 because it had relied in good faith on three ... three matters. The trial court viewed those decisions to satisfy N.J.S.A. 34:11-56a25.2’s standard for the good-faith defense and granted ... of the good-faith defense under the plain language of N.J.S.A. 34:11-56a25.2. The Appellate Division also rejected defendant’s invocation of ... of the good-faith defense under the plain language of N.J.S.A. 34:11-56a25.2. The Court acknowledges, however, the dilemma faced by an ... does not make a final decision. (pp. 17-20) 2. N.J.S.A. 34:11-56a25.2 provides an absolute defense in compensation matters under ...

docket:	a-29-19
court:	NJ Supreme Court
decided:	2021-01-13
status:
citation:
Document Size:	70217

2 ELMER BRANCH v. CREAM-O-LAND DAIRY -- rank: 817

... defendant was entitled to the WHL's good-faith defense, N.J.S.A. 34:11-56a25.2, based on its reliance on three determinations made by ... policy' and are insufficient to invoke the good-faith defense. N.J.S.A. 34:11-56a25.2. Accordingly, we reverse the trial court's grant of ... asserting, among other defenses, the statutory good-faith defense. See N.J.S.A. 34:11-56a25.2. After the parties exchanged some written discovery, on August ... the results of these three (3) investigations as contemplated by N.J.S.A. 34:11-56a25.2.' Plaintiff opposed the motion for summary judgment, primarily contending ... with respect to the class of employers which he belonged[,]' N.J.S.A. 34:11-56a25.2, because the determinations clearly were not intended to 'apply ... see, e.g., N.J.S.A. 34:11- 56a2; N.J.S.A. 34:11-56a25.2, but the DOL's regulations currently designate that ...

docket:	a1313-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-19
status:	Published
citation:	459 N.J.Super. 529 212 A.3d 947
Document Size:	60201

3 CHRISTOPHER MAIA v. IEW CONSTRUCTION GROUP -- rank: 612

... employer together with such costs and reasonable attorney's fees.' N.J.S.A. 34:11-56a25 (2019). The WHL expressly permitted class actions. Ibid. The WHL ... period that effectively functioned as a statute of repose. See N.J.S.A. 34:11-56a25.1 (2019) ('No claim for unpaid minimum wages, unpaid overtime ... 212 made two pertinent changes to the WHL. It amended N.J.S.A. 34:11-56a25, tracking language similar to the change made to the WPL ... due.' L. 2019, c. 212, § 4, now codified as N.J.S.A. 34:11-56a25. Recovery of costs and attorney's fees remained available to ... claimant. Ibid. Critical to this appeal, Chapter 212 also amended N.J.S.A. 34:11-56a25.1 and extended the statute of repose from two to ... See L. 2019, c. 212, § 5, now codified as N.J.S.A. 34:11-56a25.1 ('No claim for unpaid minimum wages, unpaid overtime ...

docket:	a4012-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-01
status:	Published
citation:
Document Size:	35096

4 DAVID WAGNER v. BLUE SKY CLASSIC CARS L.L.C -- rank: 576

... provision of the FLSA and the good faith defenses under N.J.S.A. 34:11-56a25.2 and 29 U.S.C.A. §259(a ... WRITTEN ADMINISTRATIVE REGULATION, ORDER, RULING, APPROVAL OR INTERPRETATION," PURSUANT TO N.J.S.A. 34:11-56A25. 2 AND 29 U.S.C. §259(A). B ... erred in its interpretation of the good faith defense under N.J.S.A. 34:11-56a25.2. The statute provides: [i]n any action or proceeding ... shall be a complete bar to the action or proceeding. . . . [ N.J.S.A. 34:11-56a25.2.] The New Jersey good faith statute mirrors the federal ... While there are no reported New Jersey cases specifically discussing N.J.S.A. 34:11-56a25.2, it is discussed in Keeley v. Loomis Fargo & Co ... Jersey's substantive law, looked to the plain text of N.J.S.A. 34:11-56a25.2 for guidance, along with federal case law considering ...

docket:	a4058-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-05
status:	unpublished
citation:
Document Size:	61053

5 MICHAEL A. TROISE, Plaintiff, et al. v. EXTEL COMMUNICATIONS, INC., et al. -- rank: 537

... recited that the court had "relied upon the provisions of N.J.S.A. 34:11-56a25.1," which provides a two-year limitations period to file ... to the commencement of an action for the recovery thereof.         [ N.J.S.A. 34:11-56a25.1.] Extel argues that the phrase "or other damages under ... recover the full amount of wages required under the law, N.J.S.A. 34:11-56a25, which is substantially similar to N.J.S.A. 34 ... enactments. Consequently, the phrase "other damages under this act" in N.J.S.A. 34:11-56a25.1 applies only to a claim under the Wage and ...

docket:	a5439-99
court:	njappellate
decided:	2001-11-21
status:	published
citation:	345 N.J. Super. 231
Document Size:	20703

6 RONALD S. RYBA v. BEYNON SPORTS SURFACES INC -- rank: 462

... conclude, however, that plaintiff was entitled to fees pursuant to N.J.S.A. 34:11-56a25, which we presume implicitly meant he concluded plaintiff was an ... a civil action involving" plaintiff's claims. The arbitrator cited N.J.S.A. 34:11-56a25 as the basis for the award of counsel fees. That ...

docket:	a1536-09
court:	NJ Superior Court Appellate Division
decided:	2010-11-29
status:	unpublished
citation:
Document Size:	33523

7 LEONARDO ENAMORADO v. COLLEGE TOWERS APARTMENTS, INC. -- rank: 428

... additur and awarded plaintiff costs and counsel fees pursuant to N.J.S.A. 34:11-56a25. Defendant appeals seeking a reduction of plaintiff's award for ... was nothing "shocking" about the damage award. As authorized by N.J.S.A. 34:11-56a25, plaintiff moved for reasonable attorney fees and costs. The judge ... AWARD[ED] PLAINTIFF $200 PER WEEK BECAUSE THE GOVERNING STATUTE, N.J.S.A. 34:11-56a25, BARS THIS DEFENSE TO STATUTORY WAGES. II. IT WAS PLAIN ...

docket:	A2396-06
court:	NJ Superior Court Appellate Division
decided:	2007-12-28
status:	unpublished
citation:
Document Size:	42242

8 MOHAMED AOUF v. PYRAMID EXPRESS CORPORATION -- rank: 419

... N.J.S.A. 34:11-56a to -56a38 (Act); N.J.S.A. 34:11-56a25.1. As a result, plaintiff's recoverable damages were limited ...

docket:	a0279-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-10
status:	Unpublished
citation:
Document Size:	39595

9 LESZEK ZAJAC v. RAMSEY OFFICE COURT, LLC -- rank: 416

... such reasonable attorney's fees as determined by the court. N.J.S.A. 34:11- 56a25. Initially, we reject plaintiff's contention that he is entitled ... not entitled to an award of attorney's fees under N.J.S.A. 34:11-56a25. We conclude, however, that plaintiff was a 'prevailing party' under ...

docket:	a1641-19
court:	NJ Superior Court Appellate Division
decided:	2020-11-19
status:	Unpublished
citation:
Document Size:	32637

10 E. MICHELLE ANDERSON v. PHOENIX HEALTH CARE INC. -- rank: 410

... respect to the class of employers to which he belonged. [ N.J.S.A. 34:11-56a25.2.] In addition, plaintiffs argue that the judge should not ... were entitled to the application of the good faith exception, N.J.S.A. 34:11-56a25.2, because they conformed to the agency's longstanding interpretation ...

docket:	a2607-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-16
status:	unpublished
citation:
Document Size:	20515

11 Iliadis v. Wal-Mart Stores, Inc. -- rank: 394

... Division are subject to a two-year statute of limitations, N.J.S.A. 34:11-56a25.1, as opposed to the six-year statute of limitations ...

docket:	a-69-06
court:	njsupreme
decided:	2007-05-31
status:
citation:	191 N.J. 88
Document Size:	101969

12 ERIC K. KARANJAWALA v. ASSOCIATED HUMANE SOCIETIES, INC. -- rank: 382

... 11-56a4 or because the good faith defense afforded by N.J.S.A. 34:11-56a25.2 applies. The thrust of AHS's challenge to the ... at issue, N.J.S.A. 34:11-56a4 and N.J.S.A. 34:11-56a25, the trial court noted the similarity between the applicable regulations ...

docket:	a3560-08
court:	superior court appellate division
decided:	2010-08-20
status:	unpublished
citation:
Document Size:	38410

13 GLADYS CLARKE v. ESSEX VALLEY HEALTH CARE, INC -- rank: 378

... 56a4. That statute also has a two-year limitations period. N.J.S.A. 34:11-56a25.1. 3 On February 8, 2013, Clarke moved for reconsideration ...

docket:	a3876-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-01
status:	unpublished
citation:
Document Size:	37969

14 Robert W. Gilvey v. Creative Dimensions in Education, Inc. -- rank: 343

... is not a defense to a wage and hour claim. N.J.S.A. 34:11-56a25.2. The reliance on advice defense provided by section 56a25 ...

docket:	a3217-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-28
status:	unpublished
citation:
Document Size:	38210

15 M.R v. D.H -- rank: 275

... this appeal turns on the statutory interpretation of two statutes: N.J.S.A. 34:11-56a25.2, which establishes the priority of child support judgments as ...

docket:	a1552-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-06
status:	Unpublished
citation:
Document Size:	13105