YELLOW CAB CO. v. STATE


126 N.J. Super. 81 (1973)

312 A.2d 870

YELLOW CAB COMPANY OF CAMDEN, A CORPORATION OF NEW JERSEY; CHARLES NICKLES AND RAYMOND CONOVER, INDIVIDUALLY AND AS REPRESENTATIVES OF ALL THE DRIVERS EMPLOYED BY YELLOW CAB COMPANY OF CAMDEN, PLAINTIFFS-APPELLANTS, v. THE STATE OF NEW JERSEY, THROUGH THE DIRECTOR OF WAGE AND HOUR BUREAU, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 27, 1973.


Attorney(s) appearing for the Case

Mr. James J. Shrager argued the cause for appellants (Messrs. Hannoch, Weisman, Stern & Besser, attorneys; Mr. Henry J. Tyler, on the brief).

Mr. Howard S. Simonoff filed a statement in lieu of brief, amicus curiae, on behalf of Teamsters Local 676 (Messrs. Tomar, Parks, Seliger, Simonoff & Adourian, attorneys).

Ms. Mary Ann Burgess, Deputy Attorney General, argued the cause for respondent (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges CARTON, SEIDMAN and GOLDMANN.


The opinion of the court was delivered by CARTON, P.J.A.D.

The principal question to be resolved on this appeal is whether taxi companies are subject to the overtime provisions of the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56a4. Related issues presented are whether these provisions represent a valid exercise of legislative power and whether the Fair Labor Standards Act, 29 U.S.C.A., § 201

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