New Jersey Department of Labor v. Pepsi-Cola Co.

We affirm the judgment of the Appellate Division allowing the Commissioner of Labor to award prejudgment interest against Pepsi-Cola Company in order to make whole the claimants who were underpaid for overtime hours worked. We do so substantially for the reasons stated in the thorough and thoughtful opinion of Judge King. New Jersey Dep’t of Labor v. Pepsi-Cola, 336 N.J.Super. 532, 765 A.2d 760 (App.Div.2001).

We reaffirm, however, that the right of the Commissioner to award prejudgment interest can arise only from his express and implied powers granted by the Legislature in enabling…