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IN RE RAYMOUR AND FLANIGAN FUR.

No. A-4622-07T1.

964 A.2d 830 (2009)

405 N.J. Super. 367

In the Matter of RAYMOUR AND FLANIGAN FURNITURE, and Neil Goldberg, President And Individually.

Superior Court of New Jersey, Appellate Division.

Decided March 2, 2009.

Attorney(s) appearing for the Case

Paul DeCamp (Jackson Lewis) of the Virginia, D.C. and California bars, admitted pro hac vice, argued the cause for appellants, Raymour and Flanigan and Neil Goldberg (Jackson Lewis, attorneys; David G. Islinger, Mr. DeCamp and Justin B. Cutlip, on the brief).

Robert M. Strang, Deputy Attorney General, argued the cause for respondent, New Jersey Department of Labor and Workforce Development (Anne Milgram, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Mr. Strang, on the brief).

Before Judges WINKELSTEIN, GILROY and CHAMBERS.

The opinion of the court was delivered by

WINKELSTEIN, P.J.A.D.

The New Jersey Wage and Hour Law, N.J.S.A. 34:11-56a to -56a38, provides that every employer must pay its employees 1½ times the employee's regular hourly wage (the statutory rate) for each hour the employee works in excess of 40 hours in any week. N.J.S.A. 34:11-56a4. The law provides an exemption for, among other employers, "trucking industry employers," which the statute...

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