In this case of first impression, the court addresses whether the New Jersey Earned Sick Leave Law ("ESLL"), N.J.S.A. 34:11D-1 to -13, required defendant County Concrete Corporation to provide paid sick leave to plaintiff-employees, on behalf of themselves and other similarly situated employees. The court further examined the qualifications for employers to utilize the "construction industry" exemption at N.J.S.A. 34:11D-1 as well as the procedural and legal standards required to assert ESLL claims for similarly situated employees pursuant to N.J.S.A. 34:11D-5 and N.J.S.A. 34:11-56a.
Defendant appeals from a Law Division order granting plaintiffs partial summary judgment determining defendant's leave policies were non-compliant with the employee notice requirements of the ESLL. Defendant also appeals from the trial court's determinations (1) it was not entitled to the ESLL's "construction industry" exemption; (2) its paid leave policy was non-compliant with several sections of the ESLL; (3) awarding post-trial damages to the unnamed plaintiffs, comprised of 103 similarly situated employees. Having considered the parties' arguments, the extensive factual record, and applicable legal principles, the court affirmed the trial court's order and judgment.
The court also referred suggested pre-trial procedures concerning ESLL claims to the Civil Practice Committee for consideration.