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MARX v. FRIENDLY ICE CREAM CORP.

882 A.2d 374 (2005)

380 N.J. Super. 302

Ronald MARX, Iyad Khawaja, Samer Abualouf, Ibrahim Abushawar, Joseph C. Limoli and James Morrissey, Plaintiffs-Appellants, v. FRIENDLY ICE CREAM CORPORATION, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided August 31, 2005.

Attorney(s) appearing for the Case

Aslan T. Soobzokov, Paterson, attorney for appellants Iyad Khawaja, Samer Abualouf, Ibrahim Abushawar and Joseph C. Limoli.

Littler Mendelson, attorneys for respondent (Eric A. Savage, of counsel; Jessica S. Boar, New York, NY, on the brief).

Before Judges SKILLMAN, GRALL and GILROY.

The opinion of the court was delivered by

GRALL, J.A.D.

Plaintiffs appeal following a non-jury trial in this action to recover overtime pay pursuant to N.J.S.A. 34:11-56a4 and N.J.S.A. 34:11-56a25.1 Employers are not obligated to pay overtime to workers who serve in an "executive capacity," N.J.S.A. 34:11-56a4, and this case requires us to consider the scope of the exemption for "executives" that is defined...

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