Representative Claims Under the New Jersey Wage and Hour Law and Prevailing Wage Act Do Not Require Class Certification

By: Kyle D. Winnick and Andrew Simon

Seyfarth Synopsis: The New Jersey Appellate Division held that representative claims under the New Jersey Wage and Hour Law (“WHL”) and Prevailing Wage Act (“PWA”) do not require class certification and established a two-year look-back period to WHL and Earned Sick Leave Law (“ESLL”) claims predating the 2019 amendment.

In a significant decision that will affect the scope of representative actions under the WHL and PWA, the New Jersey Appellate Division held that … Read the rest

Wisconsin Federal Court Rejects Two-Step “Conditional Certification” FLSA Process

By Gerald L. Maatman, Jr., Jennifer A. Riley, and Derek S. Franklin Duane Morris Takeaways: On August 21, 2024, Judge William C. Griesbach of the U.S. District Court for the Eastern District of Wisconsin joined in the fray over whether the long-used two-step process for issuing notice of a Fair Labor Standards Act (“FLSA”) collective …

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