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The Top NJ Supreme Court Rulings From 2021, Law360

December 22, 2021

Partner Thomas Linthorst is quoted among the sources speaking with Law360 about the top New Jersey Supreme Court cases of 2021. Tom’s comments focus on a January 2021 ruling that Cream-O-Land Dairy could not assert the good-faith defense under the state’s Wage and Hour Law in a proposed class action, suggesting that the Department of Labor and Workforce Development develop a procedure for an employer to seek “an opinion letter or other ruling” from the department commissioner or Division of Wage and Hour Compliance director for an exemption from the statute’s overtime requirements. Tom said that while the agency used to issue these opinions, it has since stopped the practice. “It’s really got to come by way of a revived opinion letter process in which case employers have the opportunity to get an opinion about the law,” he said, adding that “it may be favorable to paying overtime or not paying overtime, but at least they’ll know.”

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