New Jersey Wage Law Not Preempted; Third Circuit Orders Remand to State Court

Claims for failure to follow New Jersey’s Prevailing Wage Act aren’t preempted by federal benefits or labor laws, the U.S. Court of Appeals for the Third Circuit ruled July 28 (N.J. Carpenters Funds & Trs. Thereof v. Tishman Constr. Corp. of N.J., 3d Cir., 13-3005, 7/28/14).

Judge Michael A. Chagaresreversed a ruling by the U.S. District Court for the District of New Jersey, finding that the state law creates an independent duty for employers to follow and doesn’t require reference to a benefits plan under the Employee Retirement Income Security Act or a collective bargaining agreement under ...