Richard Reibstein, co-head of Locke Lord’s Independent Contractor Misclassification and Compliance Practice, was quoted by Law360 on a pending New Jersey Supreme Court case challenging the independent contractor status of installers of East Bay Drywall LLC. The test for independent contractor status in New Jersey under the unemployment law requires the contractor to work outside of all of the “places of business” of the alleged employer.
Reibstein notes if the Court holds that any place the contractor performs any services when engaged by the company is considered the company’s “places of business,” such a holding “would swallow up the rule altogether.” He added, “For many independent contractors and companies that use independent contractors, it would spell doom for their relationships, no matter how otherwise legitimate the independent contractor structure was.”
Read the full article on Law360 here (subscription may be required).
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