- STATE OF NEW JERSEY VS. JAHI BEATTY (18-11-1008, HUDSON COUNTY AND STATEWIDE) A-0554-20 Appellate March 1, 2023
- DCPP VS. E.A. AND D.A., IN THE MATTER OF THE GUARDIANSHIP OF C.A.A. AND N.M.A. (FG-13-0052-20, MONMOUTH COUNTY AND STATEWIDE) (CONSOLIDATED) (RECORD IMPOUNDED) A-3287-20/A-0837-21 Appellate March 1, 2023
- STATE OF NEW JERSEY VS. SHANIEL N. HENRY (16-06-0540, PASSAIC COUNTY AND STATEWIDE) A-0824-21 Appellate March 1, 2023
- SBMUNI%LB-HONEY BADGER VS. CHARLES NOVINS, ET AL. (F-008845-18, ESSEX COUNTY AND STATEWIDE) A-1000-21 Appellate March 1, 2023
- STATE OF NEW JERSEY VS. HERRON ALSTON (92-08-2908, ESSEX COUNTY AND STATEWIDE) A-1694-21 Appellate March 1, 2023
- STATE OF NEW JERSEY VS. ANDRE D. DENNIS (06-11-2533, MONMOUTH COUNTY AND STATEWIDE) A-1857-21 Appellate March 1, 2023
- DCPP VS. N.M. AND A.H., IN THE MATTER OF THE GUARDIANSHIP OF A.N.H. (FG-06-0015-21, CUMBERLAND COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-1945-21 Appellate March 1, 2023
- CHRISTOPHER MAIA, ET AL. VS. IEW CONSTRUCTION GROUP (L-1842-22, MIDDLESEX COUNTY AND STATEWIDE) A-4012-21 Appellate March 1, 2023 Summary A-4012-21 On April 13, 2022, plaintiffs, individually and as representatives of a proposed class, filed a complaint seeking relief under the Wage Payment Law (WPL) and the Wage and Hour Law (WHL), alleging defendant failed to pay them for pre- and post-shift work. Defendant moved to partially dismiss the complaint, arguing plaintiffs sought the retroactive application of L. 2019, c. 212 (Chapter 212), which became effective August 6, 2019. Chapter 212 amended both statutes, permitting employees to seek liquidated damages equal to 200% of the wrongfully withheld wages. Additionally, Chapter 212 permitted successful WPL claimants to recover counsel fees and costs, previously allowed only under the WHL. And, Chapter 212 extended the "look-back" period under the WHL, i.e., that period of time for which an employee could seek unlawfully withheld wages, from two to six years, prior to the "commencement" of the action in court. The WPL has never had a similar provision, and Chapter 212 did not amend the WPL in this regard. The Law Division judge granted defendant's motion dismissing plaintiffs' WPL and WHL claim based on violations that occurred prior to August 6, 2019. The court granted leave to appeal and reversed. Relying largely on the Court's recent decision in W.S. v. Hildreth , 252 N.J. 506 (2023), the court held that plaintiffs were entitled to the statutory remedies available as of the date they "commenced" their action in court. See W.S. , 252 N.J. 522 ("Applying the law in effect at the time a complaint is filed . . . is not applying a statute retroactively; it is applying a statute prospectively to cases filed after its effective date."). The court also held that based on the legislative history of Chapter 212, the Legislature clearly intended to permit a six-year look back period under the WPL. Close
- STATE OF NEW JERSEY VS. LARRY PULCINE (17-05-0447, CUMBERLAND COUNTY AND STATEWIDE) A-0362-19 Appellate March 2, 2023
- HANDY & HARMAN, ET AL. VS. BEAZLEY USA SERVICES, INC., ETC. (L-4555-20, BERGEN COUNTY AND STATEWIDE) A-2068-20 Appellate March 2, 2023
- STATE OF NEW JERSEY VS. WILLIAM G. KREVOLT (20-11-0626, MIDDLESEX COUNTY AND STATEWIDE) A-3328-20 Appellate March 2, 2023
- RED WHITE OAK RIDGE, LLC VS. BAIS REUVEN KAMENETZ OF LAKEWOOD, INC., ET AL. (L-3029-20, OCEAN COUNTY AND STATEWIDE) A-3509-20 Appellate March 2, 2023
- 120 NEWARK AVENUE REALTY LLC VS. SQUARE TWO HOLDINGS, LLC (LT-006720-20, LT-006784-20, AND LT-001759-21, HUDSON COUNTY AND STATEWIDE) (CONSOLIDATED) A-0355-21/A-0357-21/A-0358-21 Appellate March 2, 2023
- K.M.R. VS. B.R. (FV-04-2195-13, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-1701-21 Appellate March 2, 2023
- D.M.L. VS. K.A.C. (FV-09-0276-22, HUDSON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-1805-21 Appellate March 2, 2023
- ELAINE EMERY VS. BOARD OF REVIEW, ET AL. (DEPARTMENT OF LABOR) A-1909-21 Appellate March 2, 2023
- DR. BALWANT SAINI VS. ROCK ASSOCIATES, LLC, ET AL. (L-2644-16, MIDDLESEX COUNTY AND STATEWIDE) A-5321-18 Appellate March 3, 2023
- STATE OF NEW JERSEY IN THE INTEREST OF J.B. (FJ-09-0956-19, HUDSON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-2360-19 Appellate March 3, 2023
- STATE OF NEW JERSEY VS. ALAN R. FRATELLO (18-08-1157, MIDDLESEX COUNTY AND STATEWIDE) A-3503-19 Appellate March 3, 2023
- STATE OF NEW JERSEY VS. DERRICK S. LEONARD (17-06-1815 AND 18-08-2522, ESSEX COUNTY AND STATEWIDE) A-0526-20 Appellate March 3, 2023