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J. ABBOTT & SON, INC. v. HOLDERMAN

46 N.J. Super. 46 (1957)

133 A.2d 705

J. ABBOTT & SON, INC., A CORPORATION OF THE STATE OF NEW JERSEY, ET ALS., PETITIONERS, v. CARL HOLDERMAN, COMMISSIONER OF LABOR AND INDUSTRY OF THE STATE OF NEW JERSEY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 12, 1957.

Attorney(s) appearing for the Case

Mr. Merritt Lane, Jr., argued the cause for petitioners (Messrs. McCarter, English & Studer, attorneys; Mr. Julius B. Poppinga, on the brief).

Mr. Thomas L. Franklin, Deputy Attorney-General, argued the cause for respondent (Mr. Grover C. Richman, Jr., Attorney-General of New Jersey, attorney).

Mr. Roger Hinds, amicus curiae, representing National Consumers' League and Consumers' League of New Jersey; New Jersey Council of Churches, and its department, United Church Women of New Jersey; Protestant Episcopal Diocese of New Jersey (Department of Christian Social Relations); Protestant Episcopal Diocese of Newark (Department of Christian Social Relations); New Jersey State Federation of Colored Women's Clubs, Inc.; New Jersey State Federation of Labor.

Before Judges CLAPP, FRANCIS and STANTON.

The opinion of the court was delivered by CLAPP, S.J.A.D.

By this proceeding brought under R.R. 4:88-10, 138 employers seek a declaratory judgment invalidating the New Jersey Minimum Fair Wage Standards Mandatory Order No. 11, effective October 9, 1956, governing women and minors in mercantile occupations. The order prescribes a minimum wage of $1 an hour generally and 85¢ an hour for students and learners. Overtime rates are fixed at one and a half times...

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