Stevens & Lee Defeats Class Certification in New Jersey Wage and Hour Litigation
The Stevens & Lee team of Brad M. Kushner and Wade D. Albert successfully represented Jersey Firestop, LLC (Jersey Firestop) and its owners against a motion for class certification in the United States District Court for the District of New Jersey — protecting the client from a major labor dispute and securing a hard-fought victory in the evolving area of wage and hour litigation.
In Orbin Covachuela v. Jersey Firesteop, LLC, et al., the plaintiff brought a suit against Jersey Firestop, a New Jersey-based contractor, and its owners. Plaintiff alleged that the company failed to pay him and other employees for time loading and unloading materials from a company vehicle, and for time traveling between the company’s facility and applicable worksites. Plaintiff also asserted claims for unpaid straight time wages and overtime under the federal Fair Labor Standards Act, the New Jersey Wage and Hour Law and the New Jersey Wage Payment Law.
Plaintiff proceeded to file a motion for class certification in April 2024, seeking to certify a class of more than 150 current and former employees with respect to his New Jersey state law claims.
On Nov. 19, 2024, District Judge Zahid N. Quraishi denied class certification, concluding that the plaintiff failed to meet his burden to establish the necessary and related requirements of commonality and predominance. Agreeing with arguments from the Stevens & Lee team, the Court reasoned that individualized evidence was needed to evaluate each of the putative class members’ claims given that it was “unclear from the record whether the putative class members participated in the activity at the center of this case.” The Court found that class certification was inappropriate because many members of the putative class were not similarly situated with the plaintiff.
To learn more about these issues please contact Brad Kushner at 215.751.1949 or Wade Albert at 215.751.2873 or the Stevens & Lee attorney with whom you regularly work.
