NJ Panel Upholds Part Of Drywall Co. Classification Decision

Law360 (April 20, 2021, 8:51 PM EDT) -- The New Jersey Department of Labor and Workforce Development commissioner correctly decided that a drywall installation company should have classified five installers as employees because they did not meet the independent contractor requirements under the ABC test, a state appeals court ruled Tuesday.

In a published opinion, a unanimous appeals panel affirmed the commissioner's decision that East Bay Drywall LLC misclassified the five installers, because they were single workers and not "customarily engaged in an independently established trade, occupation, profession or business," a prong of the ABC test. The company therefore owed money to the state unemployment and temporary disability compensation...

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