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NJ DEPT. OF LABOR v. PEPSI-COLA CO.

765 A.2d 760 (2001)

336 N.J. Super. 532

NEW JERSEY DEPARTMENT OF LABOR, Petitioner-Respondent, and Teamsters Local 125 and 185 Individual Claimants, Intervenors-Respondents, v. PEPSI-COLA COMPANY, Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 17, 2001.

Attorney(s) appearing for the Case

Wayne J. Positan, Roseland, argued the cause for appellant (Lum, Danzis, Drasco, Positan & Kleinberg and Kilpatrick Stockton, attorneys; Mr. Positan, of counsel; Richard A. West, Jr., on the brief).

Karen A. Du Mars, Deputy Attorney General, argued the cause for respondent New Jersey Department of Labor (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Nancy Kaplen, Assistant Attorney General, of counsel; Ms. Du Mars, on the brief).

James L. Linsey, New York City, argued the cause for respondent Teamsters Local 125 and 185 Individual Claimants (Cohen, Weiss and Simon, attorneys; Mr. Linsey, on the brief).

Before Judges KING and AXELRAD.

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

This appeal implicates the power of the Commissioner of Labor to award prejudgment interest as an element of damages in a wage-and-hour dispute over payment of overtime. We conclude that the Commissioner has this power and affirm.

I

The matter arises out of an enforcement action by the New Jersey Department of Labor (DOL) for payment of overtime wages. Pepsi-Cola Corporation appeals the Commissioner...

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