Legal Opinion

Sam Hargrove v. Sleepy's, LLC (072742)

Supreme Court of New Jersey

Decided January 14, 2015No. A-70-12PublishedCited by 98 opinions

1Opinion of the Court

Judge CUFF

(temporarily assigned) delivered the opinion of the Court.

This matter presents a question of law certified and submitted by the United States Court of Appeals for the Third Circuit pursuant to Rule 2:12A-1. We have been asked which test a court should apply under New Jersey law to determine an employee’s status for purposes of the Wage Payment Law (WPL), N.J.S.A. 34:11-4.1 to -4.14, and the Wage and Hour Law (WHL), N.J.S.A. 34:ll-56a to -56a38. We conclude that the “ABC” test derived from the New Jersey Unemployment Compensation Act, N.J.S.A. 43:21—19(i)(6), governs whether a…

2Cases cited40 opinions

  1. Nationwide Mutual Insurance v. DardenSupreme Court of the United States · 1992
  2. Community for Creative Non-Violence v. ReidSupreme Court of the United States · 1989
  3. DiProspero v. PennSupreme Court of New Jersey · 2005
  4. Murray v. Plainfield Rescue SquadSupreme Court of New Jersey · 2012
  5. Secretary of Labor, United States Department of Labor v. Michael Lauritzen and Marilyn Lauritzen, Individually and Doing Business as Lauritzen FarmsCourt of Appeals for the Seventh Circuit · 1988

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3Cited by98 opinions

  1. Dynamex Operations W., Inc. v. Superior Court of L. A. Cnty.California Supreme Court · 2018
  2. Estate of Myroslava Kotsovska v. Saul Liebman (073861)Supreme Court of New Jersey · 2015
  3. Sam Hargrove v. Sleepys LLCCourt of Appeals for the Third Circuit · 2020
  4. Ever Bedoya v. American Eagle Express IncCourt of Appeals for the Third Circuit · 2019
  5. Garden State Check Cashing Service, Inc. v. State of New Jersey Department of Banking and Insurance(081044)(Statewide)Supreme Court of New Jersey · 2019

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