John Keeley Timmie Orange Ariel Kilpatrick Charles Werdann, on Behalf of Themselves and All Others Similarly Situated v. Loomis Fargo & Co

OPINION OF THE COURT

BECKER, Chief Judge.

This appeal in a diversity case arises from an overtime pay dispute between a private employer and a number of its employees. Its resolution turns primarily upon a determination whether the New Jersey Commissioner of Labor exceeded his authority when he promulgated a regulation that excluded certain trucking industry employees, including the plaintiffs here, from New Jersey’s statutory overtime pay requirement. The principal aim of this regulation was to avoid job loss that might result if New Jersey trucking industry employers were required — unlike…