NJ Appeals Panel Upholds Class Certification Against Delivery Contractor
A three-judge panel of New Jersey's Appellate Division affirmed class certification in a wage-and-hour suit against CDL Last Mile Solutions, LLC, a last-mile delivery company with warehouses in Moonachie, Carlstadt and Westampton, New Jersey. Plaintiffs, delivery drivers for CDL, allege they were misclassified as independent contractors and denied overtime under the New Jersey Wage and Hour Law, and that the company made unlawful wage deductions under the state Wage Payment Law. The trial court certified a class in June 2025 and later narrowed it in September 2025 to cover drivers based at the Moonachie and Carlstadt facilities, excluding Westampton and excluding anyone defendants classified as a supervisor over delivery drivers.
CDL, co-defendant Subcontracting Concepts (doing business as SCI), and owner Anthony Curcio argued the class should not have been certified because plaintiffs initially sued a dispatcher, Katty Ponce, who they say belonged in the class, creating a conflict of interest. The panel disagreed, finding the trial court acted within its discretion after Ponce was dismissed with prejudice before certification. The appellate court stressed the certification order remains interlocutory and does not resolve the underlying merits.
The opinion is marked not for publication and, under court rules, is binding only on the parties in this case.
What's next
- Case returns to the Bergen County Superior Court (Docket L-1172-23) for further proceedings on the underlying wage claims.
- Class certification remains interlocutory; the trial court can still modify, narrow or decertify the class before final judgment.
All sources
- A-0591-25 - MARIA AGUIRRE, ET AL. VS. CDL LAST MILE SOLUTIONS, LLC, ET AL. (L-1172-23, BERGEN COUNTY AND STATEWIDE) — Government site: NJ Courts (.gov), 2026-10-16
