The New Jersey Employment Law Firm Blog
On June 29, 2026, the New Jersey Appellate Division issued a significant decision in Martinez v. T. Slack Environmental Services, Inc., clarifying the procedures for collective wage claims and the applicable statutes of limitations for workers in the state.
The case involved an hourly laborer who worked on both public and private projects for a non-union contractor. The employee alleged that the company failed to pay properly calculated “blended” overtime rates during weeks when he performed a mix of public and private work, or when he worked under different job titles. The lawsuit also claimed the employer failed to pay for “off-the-clock” tasks, such as driving equipment to worksites and loading trucks, in violation of the New Jersey Wage and Hour Law (WHL), Prevailing Wage Act (PWA), and Earned Sick Leave Law (ESLL). The National Employment Lawyers Association-New Jersey (NELA-NJ) appeared in the case as amicus curiae (friend of the court), joining the plaintiff to argue that the state legislature intended for these remedial wage laws to provide a separate and distinct path for representative actions.
A central issue on appeal was whether the worker could bring a representative lawsuit on behalf of other employees without going through the strict class action certification process required by Court Rule 4:32-1, which can be difficult, time-consuming, and expensive. The Appellate Division ruled in favor of the employees, determining that the statutory language of the WHL and PWA operates independently of Rule 4:32-1 and does not require formal class certification. Because these laws are remedial and designed to protect workers from unfair wages, a plaintiff only needs to show that the other workers are “similarly situated” to pursue a representative action.
The court also addressed the appropriate “look-back” period, or statute of limitations, for recovering unpaid wages. For claims under the PWA, the court affirmed that a six-year statute of limitations applies because failing to pay prevailing wages on a public works project is essentially a breach of contract claim. However, the court reversed the lower court’s decision to apply a six-year look-back period to the WHL and ESLL claims. The Appellate Division clarified that while the legislature amended the WHL to feature a six-year statute of limitations, that change only applies prospectively to conduct that occurred on or after the amendment’s effective date of August 6, 2019. Therefore, a two-year statute of limitations applies to WHL and ESLL claims arising before that date. Fortunately, this is a minor part of the Court’s ruling, as claims that accrued prior to August 6, 2019 would be barred under the six-year statute of limitations at this point regardless.
Wage payment laws in New Jersey are designed to ensure workers are paid fairly for all the time they work. If your employer fails to pay the required prevailing wage, miscalculates your overtime pay by not using a blended rate, or refuses to pay you for off-the-clock work, your rights may have been violated. All of the attorneys at Resnick Law Group are proud members of NJ NELA and are dedicated to advancing employee rights. Contact the Resnick Law Group today at (973) 781-1204 or through our online submission form to provide your preliminary information and schedule a consultation with one of our experienced employment attorneys.