Legal Opinion

Branch v. Dairy

New Jersey Superior Court Appellate Division

Decided June 19, 2019No. DOCKET NO. A-1313-17T1PublishedCited by 8 opinions

1Opinion of the Court

MITTERHOFF, J.S.C. (temporarily assigned).

*950*534Plaintiff Elmer Branch and the putative class of similarly situated truck drivers appeal the trial court's grant of summary judgment in favor of defendant Cream-O-Land Dairy ("COL") and dismissal of their class-action complaint alleging a failure to pay overtime wages in violation of the New Jersey Wage and Hour Law ("WHL"), N.J.S.A. 34:11-56a to -56a38. The trial court determined that defendant was entitled to the WHL's good-faith defense, N.J.S.A. 34:11-56a25.2, based on its reliance on three determinations made by the New Jersey Department of…

2Cases cited27 opinions

  1. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  2. Brill v. Guardian Life Insurance Co. of AmericaSupreme Court of New Jersey · 1995
  3. DiProspero v. PennSupreme Court of New Jersey · 2005
  4. Peper v. Princeton University Board of TrusteesSupreme Court of New Jersey · 1978
  5. Cummings v. BahrNew Jersey Superior Court Appellate Division · 1996

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3Cited by8 opinions

  1. Elmer Branch v. Cream-O-Land DairySupreme Court of New Jersey · 2021
  2. Elmer Branch v. Cream-O-Land Dairy (083379)(Hudson County & Statewide)Supreme Court of New Jersey · 2021
  3. MAHANOR v. BERKLEY INSURANCE COMPANYDistrict Court, D. New Jersey · 2022
  4. MICHAEL FROMOSKY VS. TOWNSHIP OF LITTLE EGG HARBOR (L-0723-17, OCEAN COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019
  5. MOURIES YOUSSEF VS. SHRI RAM DONUTS, 3 LLC (L-0929-17, HUDSON COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2021

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