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STATE v. FRECH FUNERAL HOME

185 N.J. Super. 385 (1982)

448 A.2d 1037

STATE OF NEW JERSEY, PLAINTIFF, v. FRECH FUNERAL HOME, DEFENDANT.

Superior Court of New Jersey, Law Division Bergen County.

Decided March 3, 1982.

Attorney(s) appearing for the Case

Michael Vukcevich, Deputy Attorney General for the State (James R. Zazzali, Attorney General of New Jersey, attorney).

Charles J. Mysak for defendant.

MINUSKIN, J.S.C.

Pursuant to R. 3:23-8(a)(3), the State appeals from an order of the Dumont Municipal Court dismissing its complaint against Frech Funeral Home, Inc. for its failure to pay a trainee the overtime mandated by N.J.S.A. 34:11-56a4. The novel legal question raised by this appeal is whether, for purposes of N.J.S.A. 34:11-56a4, a mortician's trainee is employed in a bona fide professional capacity and thereby excepted from the provisions...

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