BRANCH v. CREAM-O-LAND DAIRY

A-29 September Term 2019 083379.

243 A.3d 633 (2021)

244 N.J. 567

Elmer BRANCH, on behalf of himself and all other similarly situated persons, Plaintiff-Respondent, v. CREAM-O-LAND DAIRY, Defendant-Appellant.

Supreme Court of New Jersey.

Decided January 13, 2021.


Attorney(s) appearing for the Case

David R. Kott argued the cause for appellant (Fox Rothschild and McCarter & English, attorneys; Mark E. Tabakman , Lawrenceville, and Adam N. Saravay , Newark, on the briefs).

Ravi Sattiraju argued the cause for respondent (Sattiraju & Tharney, attorneys; Ravi Sattiraju , of counsel and on the briefs, and Anthony S. Almeida , Princeton, and Steven B. Gladis , on the briefs).

Michael A. Galpern argued the cause for amicus curiae New Jersey Association for Justice (Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, attorneys; Michael A. Galpern , Cherry Hill, on the brief).

Thomas A. Linthorst argued the cause for amici curiae New Jersey Business & Industry Association and Commerce and Industry Association of New Jersey (Morgan Lewis & Bockius, attorneys; Thomas A. Linthorst , Princeton, of counsel and on the brief).

Jeffrey S. Jacobson argued the cause for amici curiae New Jersey Civil Justice Institute and National Federation of Independent Business (Faegre Drinker Biddle & Reath, attorneys; Jeffrey S. Jacobson , Florham Park, on the brief).

Caroline Jones , Deputy Attorney General, argued the cause for amicus curiae State of New Jersey ( Gurbir S. Grewal , Attorney General, attorney; Donna Arons , Assistant Attorney General, of counsel, and Caroline Jones , on the brief).


In this putative class action, plaintiff Elmer Branch asserted claims against his employer, defendant Cream-O-Land Dairy, for payment of overtime wages pursuant to the New Jersey Wage and Hour Law (WHL), N.J.S.A. 34:11-56a to -56a38. Plaintiff contended...

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