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TROISE v. EXTEL COMMUNICATIONS, INC.

784 A.2d 748 (2001)

345 N.J. Super. 231

Michael A. TROISE, Plaintiff, and Steven J. Wittek, Plaintiff-Appellant, v. EXTEL COMMUNICATIONS, INC., and The State of New Jersey, Department of Labor, Defendants-Respondents, and Prismatic Development Corp., and St. Paul Seaboard Surety Co., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided November 21, 2001.

Attorney(s) appearing for the Case

Struble Ragno Petrie Spinato Bonanno MacMahon & Conte, Riverdale, for appellant (Santo J. Bonanno, on the brief).

Genova, Burns & Vernoia, Livingston, for respondent Extel Communications, Inc. (Courtney M. Gaccione, on the brief).

John J. Farmer, Jr., Attorney General, for respondent State of New Jersey, Department of Labor (Pamela E. Schneider, Deputy Attorney General, on the brief).

Steven A. Berkowitz, for amici curiae Plumbers & Pipefitters Local Union 9; Plumbers Local Union 14; Plumbers Local Union 24; Pipefitters Local Union 274; Plumbers & Pipefitters Local Union 322; Steamfitters Local 475; Sprinkler Fitters Local Union 669; Sprinkler Fitters Local Union 696; and the Public Utility Construction and Gas Appliance Workers of the New Jersey Local Union 855 (Mr. Berkowitz, on the brief).

Schwartz, Tobia, Stanziale, Rosensweig & Sedita, for amicus curiae Utility and Transportation Contractors Association of New Jersey (Warren B. Kasdan, on the brief).

Before Judges SKILLMAN, CARCHMAN and WELLS.

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

The issue presented by this appeal is whether a two or six year limitations period applies to an employee's private cause of action for underpayment of the wages required by the Prevailing Wage Act (the Act), N.J.S.A. 34:11-56.25 to -56.46. We conclude that an employee has six years to bring a claim for additional wages under the Act, and therefore reverse the dismissal of this action as untimely...

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