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NJ High Court to Consider Worker Classification Scope, Law360

January 07, 2022

Partner Tom Linthorst spoke with Law360 about the New Jersey high court weighing in on whether its 2015 opinion in Hargrove v. Sleepy’s LLC—which ruled the ABC test from the New Jersey Unemployment Compensation Law (UCL) applied to determining worker status under the state’s Wage Payment Law—will also apply to real estate salespeople, who are exempt from the unemployment law. “If it rules that…the ABC test from the UCL applies to Wage Payment and Wage and Hour Law, even for those categories exempted from the UCL, then obviously it would have broad implications for all of those types of individuals in those industries,” Tom said.

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