New Jersey Appellate Court Clears Path for Representative Actions Over Wages

Short summary

A New Jersey appellate court ruled in Martinez v. T. Slack Environmental Services that employees can bring representative actions under state wage-and-hour laws without meeting federal class action certification standards. The court applied a two-year statute of limitations to overtime and sick leave claims but a six-year limit to prevailing wage claims, remanding the case for further proceedings. Employers on public projects face heightened litigation risk and should review prevailing wage practices.

• •NJ appellate court allows representative wage actions without class certification under NJWHL, NJPWA, and NJESLL
• •Two-year statute of limitations applies to overtime and sick leave claims; six-year for prevailing wage claims
• •Employers on public projects should review prevailing wage policies given increased representative action risk

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