The New Jersey Supreme Court has told a federal appeals court that there is no reason to depart from a more expansive interpretation of what constitutes an employee, as opposed to an independent contractor, when it comes to resolving wage-and-hour disputes.
In a unanimous ruling in Hargrove v. Sleepy’s, the court said the U.S. Court of Appeals for the Third Circuit, which is considering an appeal in a wage-and-hour dispute, should apply the “ABC” test that has been used by the New Jersey Department of Labor for two decades.
