News & Analysis as of

NJ Supreme Court Independent Contractors

Goldberg Segalla

NJ Supreme Court: Contracts are King in Determining Whether Real Estate Agents are Employees or Independent Contractors

Goldberg Segalla on

The Supreme Court of New Jersey issued a unanimous decision May 13, clarifying how the employment status of real estate salespersons associated with brokers should be determined. James Kennedy v. Weichert Realtors holds that...more

Cole Schotz

Key Ruling on Real Estate Broker Classification Announced by New Jersey Supreme Court

Cole Schotz on

The New Jersey Supreme Court recently held that an agreement between a real estate salesperson (i.e., a realtor) and a real estate broker designating the salesperson as an independent contractor is dispositive in determining...more

Greenbaum, Rowe, Smith & Davis LLP

NJ Supreme Court Holds That NJ Wage Payment Law is Inapplicable to Real Estate Salesperson Who Has Independent Contractor...

On May 13, 2024, the New Jersey Supreme Court issued its decision in a class action lawsuit known as James Kennedy, II v. Weichert Co., conclusively finding that for the purpose of determining whether a real estate...more

Chartwell Law

New Jersey Supreme Court Clarifies Definition of "Employee"

Chartwell Law on

One of the most deceptively complex issues in New Jersey workers’ compensation is the definition of an employee. This designation is critical because only employees, as opposed to independent contractors, are eligible for...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] New Jersey Workers’ Compensation: Independent Contractor Status in New Jersey Workers' Compensation: Where are We...

In New Jersey, multiple tests have been applied in workers' compensation cases to determine whether a claimant is eligible for compensation as an employee or ineligible as an independent contractor including: - The...more

Jackson Lewis P.C.

Guidance for Classification of Construction Workers Provided by New Jersey Supreme Court

Jackson Lewis P.C. on

In a case involving a drywall installation business, the New Jersey Supreme Court has provided helpful tips for employers to properly classify construction workers as independent contractors or employees and to accurately...more

McCarter & English, LLP

New Jersey Supreme Court Ruling Means Employers Should Reassess and Document Independent Contractor Relationships

A recent decision by the New Jersey Supreme Court makes this a good time for companies using independent contractors to review those arrangements. In East Bay Drywall v. Department of Labor & Workforce Development, the...more

Genova Burns LLC

ABC Is Not As Easy as 1-2-3: NJ Supreme Court Issues Independent Business Misclassification Decision

Genova Burns LLC on

On August 2, 2022, the New Jersey Supreme Court in East Bay Drywall, LLC. v. Department of Labor and Workforce Development, issued a unanimous opinion holding that workers, hired on a need and availability basis, who used...more

Greenbaum, Rowe, Smith & Davis LLP

NJ Supreme Court Addresses Worker Classification and Independent Contractor Status Under ABC Test

On August 2, 2022, the New Jersey Supreme Court handed down its decision in East Bay Drywall, LLC v. Dept. of Labor and Workforce Development, providing important insight into the classification of independent contractors by...more

Lowenstein Sandler LLP

Worker Classification Continues to Be Hot-Button Issue

On Aug. 2, 2022, a unanimous New Jersey Supreme Court in East Bay Drywall, LLC v. Department of Labor & Workforce Development issued a ruling that provides further guidance on the classification of a New Jersey worker’s...more

Littler

New Jersey High Court Says Separate Corporate Structure Not Enough to Establish Independent Contractor Status

Littler on

On August 2, 2022, the Supreme Court of New Jersey handed down a key ruling that significantly impacts how companies across the state should classify workers as independent contractors. In East Bay Drywall, LLC. v. Department...more

Fox Rothschild LLP

The ABC Test At Issue Before NJ Supreme Court: What Does A “Place of Business” Mean For Unemployment Law

Fox Rothschild LLP on

Prong B of the New Jersey ABC test for independent contractor status under the unemployment law requires the putative contractor to work outside of all of the “places of business” of the alleged employer. Now, the New Jersey...more

Obermayer Rebmann Maxwell & Hippel LLP

New Jersey Supreme Court Could Upend The State’s Real Estate Industry

The notorious “ABC” test continues to rear its head across the nation. This strict, worker-friendly test that is used to determine whether a worker is properly classified as an independent contractor as opposed to an employee...more

Jackson Lewis P.C.

New Jersey High Court Enforces Arbitration Agreement With Independent Contractors Under State Law

Jackson Lewis P.C. on

Companies in the transportation industry in New Jersey can enforce arbitration agreements with employees and independent contractors under the New Jersey Arbitration Act (NJAA), the New Jersey Supreme Court has held. Arafa v....more

Fisher Phillips

Transportation Arbitration Agreements Ruled Enforceable Under New Jersey’s Arbitration Act Despite U.S. Supreme Court Ruling

Fisher Phillips on

The New Jersey Supreme Court just ruled that state law ensures the enforceability of arbitration agreements with transportation workers despite a recent U.S. Supreme Court case that struck down such an agreement under federal...more

Proskauer - Law and the Workplace

2015 Year in Review—the Top 10 Trends in New Jersey Employment Law

In 2015, there were important developments in New Jersey employment law. This newsletter examines some of those developments in ten key areas— background checks, whistleblowing, paid sick leave, wage and hour, Law Against...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Superior Court Has Concurrent Jurisdiction to Decide Employment Status Under Workers’ Compensation Act, New Jersey...

The New Jersey Supreme Court recently held that the Superior Court of New Jersey has concurrent jurisdiction with the New Jersey Division of Workers’ Compensation to adjudicate a worker’s employment status for purposes of...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court of New Jersey Rules on Test for Independent Contractors

On January 14, 2015, the Supreme Court of New Jersey decided which independent contractor classification test should be used in determining a person’s employment status under the New Jersey Wage Payment Law (WPL) and Wage and...more

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