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ROSEN v. SMITH BARNEY, INC.

925 A.2d 32 (2007)

393 N.J. Super. 578

Melvin ROSEN and James D. Fox on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Respondents/Cross-Appellants, v. SMITH BARNEY, INC., Salomon Smith Barney, Inc., Salomon Brothers, Inc., Defendants-Appellants/Cross-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 2007.

Attorney(s) appearing for the Case

Robert J. Del Tufo, New York City, argued the cause for appellants/cross-respondents (Skadden, Arps, Slate, Meagher & Flom, attorneys; Mr. Del Tufo, of counsel and on the brief).

Bruce H. Nagel, Roseland, argued the cause for respondents/cross-appellants (Nagel, Rice & Mazie, attorneys; Mr. Nagel, on the brief).

Before Judges WEISSBARD, GRAVES and LIHOTZ.

The opinion of the court was delivered by

LIHOTZ, J.T.C. (temporarily assigned).

We are asked to review whether the parties' agreement to divert earnings to an incentive compensation plan violates the public policy undergirding the New Jersey Wage and Hour Law (Wage law), N.J.S.A. 34:11-4.1 to -67. Defendants Smith Barney, Inc., Salomon Smith Barney, Inc., and Salomon Brothers, Inc. (collectively Smith Barney) are the former employers of plaintiffs...

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