Damian C. Shammas
New Jersey′s Conscientious Employee Protection Act (″CEPA″) was amended to allow a plaintiff who prevails at trial to recover
unlimited punitive damages.
N.J.S.A. 34:19-5 Prior to the amendment, punitive damages under CEPA were governed by NJ′s Punitive Damages Act (″PDA″), which limited punitive damages to $350,000 or five times the compensatory damages award, whichever was greater.
Another amendment allows plaintiffs to recover punitive damages for fraudulent or criminal activity, including any policy or practice of deception or misrepresentation, that results in damages to shareholders, investors, clients, customers, employees, former employees, retirees or pensioners, and/or the public.
A third amendment mandates that prevailing plaintiffs receive an award of all lost wages, attorneys′ fees, and civil fines.