On April 13, 2022, plaintiffs, individually and as representatives of a proposed class, filed a complaint seeking relief under the Wage Payment Law (WPL) and the Wage and Hour Law (WHL), alleging defendant failed to pay them for pre- and post-shift work. Defendant moved to partially dismiss the complaint, arguing plaintiffs sought the retroactive application of L. 2019, c. 212 (Chapter 212), which became effective August 6, 2019.
Chapter 212 amended both statutes, permitting employees to seek liquidated damages equal to 200% of the wrongfully withheld wages. Additionally, Chapter 212 permitted successful WPL claimants to recover counsel fees and costs, previously allowed only under the WHL. And, Chapter 212 extended the "look-back" period under the WHL, i.e., that period of time for which an employee could seek unlawfully withheld wages, from two to six years, prior to the "commencement" of the action in court. The WPL has never had a similar provision, and Chapter 212 did not amend the WPL in this regard.
The Law Division judge granted defendant's motion dismissing plaintiffs' WPL and WHL claim based on violations that occurred prior to August 6, 2019. The court granted leave to appeal and reversed.
Relying largely on the Court's recent decision in W.S. v. Hildreth, 252 N.J. 506 (2023), the court held that plaintiffs were entitled to the statutory remedies available as of the date they "commenced" their action in court. SeeW.S., 252 N.J. 522 ("Applying the law in effect at the time a complaint is filed . . . is not applying a statute retroactively; it is applying a statute prospectively to cases filed after its effective date."). The court also held that based on the legislative history of Chapter 212, the Legislature clearly intended to permit a six-year look back period under the WPL.