NJ Justices Shrink Damages Time Window in Wage Class Lawsuit

The New Jersey Supreme Court has decided that despite the New Jersey Wage Protection Law’s “look-back” period having been expanded from two years to six years, workers cannot seek liquidated damages for “wage theft” before the August 2019 effective date of the law. Tom Doherty – who, along with David Kott, represented the New Jersey Business & Industry Association as amicus before the NJ Supreme Court– spoke with Bloomberg Law about the decision and said that upholding the court of appeals ruling for the plaintiffs “would have exposed employers to significant new legal consequences (e.g., a new liquidated/treble damages remedy) for already-completed actions without advance notice of that future exposure and without any clear evidence that the legislature ever intended retroactive application.”