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United States Third Circuit

New Jersey Carpenters and Trustrees Thereof v. Tishman Construction Corp of N.J., 13-3005

Dismissal of plaintiffs' complaint seeking unpaid prevailing wages, is vacated and remanded, where: 1) the New Jersey Prevailing Wage Act (PWA), which provides that laborers on certain public works projects are to be paid the prevailing wage, is not completely preempted by either the Employee Retirement Income Security Act of 1974 (ERISA), or the Labor Management Relations Act (LMRA); and therefore, 2) the district court was without jurisdiction to dismiss the plaintiffs' complaint.

Appellate Information

  • Decided 07/28/2014
  • Published 07/28/2014




  • United States Third Circuit


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