Statement from New Jersey’s Acting Labor Commissioner and Attorney General on the Supreme Court’s Unanimous Decision on Sergio Lopez v. Marmic LLC

“The Supreme Court’s unanimous ruling makes it crystal clear what should have never been in question: in New Jersey, you must be paid for the work you do — period," said Acting Labor Commissioner Kevin D. Jarvis. "For too long, some employers have tried to exploit vulnerable workers by pointing to immigration status or gaps in recordkeeping. This ruling shuts that door by upholding a basic work right that says every New Jersey worker is entitled to the wages they have earned and employers must follow the law. Just as importantly, this will help to level the playing field for Garden State businesses that follow the rules by making sure they aren’t undercut by bad actors that don’t."

“This decision is a resounding win for workers and a strong endorsement of our arguments made in a friend-of-the-court filing,” said Attorney General Jennifer Davenport. “The Supreme Court agreed with our team and our partners in Labor and Workforce Development that New Jersey’s wage and hour laws give every employee a right to get paid for work they’ve already performed, regardless of immigration status. The Court also agreed that employers can’t get away with wage theft by claiming a broad-based ‘barter’ exception to wage and hour laws.”

This case was argued October 6, 2025, and decided March 19, 2026. The full decision may be found at https://www.njcourts.gov/system/files/court-opinions/2026/a_27_24.pdf.

# # #