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HORN v. SERRITELLA BROS., INC.

190 N.J. Super. 280 (1983)

463 A.2d 366

JOHN J. HORN, COMMISSIONER OF LABOR AND INDUSTRY, PLAINTIFF-APPELLANT, v. SERRITELLA BROS., INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 2, 1983.

Attorney(s) appearing for the Case

Herbert J. Sablove, Deputy Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Herbert J. Sablove, on the brief).

Edward R. Longo argued the cause for respondent (Benenson & Scher, attorneys; Edward R. Longo, on the brief).

Before Judges ARD, KING and McELROY.

The opinion of the court was delivered by ARD, P.J.A.D.

This appeal involves an interpretation of a section of the Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq. (the act). Specifically, the question is whether, under the circumstances of this case, certain employees of the defendant are within the definitional section of the act which defines "workmen." We are satisfied the duties of the employees in question bring them within the ambit of the statute...

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