IN RE N.J.A.C. 12:17-2.1.

Docket No. A-4636-14T3.

160 A.3d 727 (2017)

450 N.J. Super. 152

IN RE N.J.A.C. 12:17-2.1.

Superior Court of New Jersey, Appellate Division.

Decided May 1, 2017.


Attorney(s) appearing for the Case

Alan H. Schorr argued the cause for appellants Schorr & Associates, P.C. and National Employment Lawyers Association — New Jersey (Schorr & Associates, P.C., attorneys; Mr. Schorr, on the briefs).

Alan C. Stephens , Deputy Attorney General, argued the cause for respondent New Jersey Department of Labor and Workforce Development ( Christopher S. Porrino , Attorney General, attorney; Melissa Dutton Schaffer , Assistant Attorney General, of counsel; Mr. Stephens, on the brief).

Before Judges Sabatino, Nugent and Haas.


The heart of this appeal involves a challenge to the validity of a regulation, N.J.A.C. 12:17-2.1, adopted in 2015 by the Department of Labor and Workforce Development ("the Department"). In that regulation, the Department defines, for the first time in codified form, the concept...

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