An interesting case coming out of New Jersey...
We often blog about "misclassification" which is a
laconic way of referring to the misclassification of employees as
something other than employees, such as independent contractors.
Home Depot is experiencing this right now as it
responds to a group of cleaning workers who claimed Home Depot
failed to pay them proper wages. Home Depot responded that it
has not "employed" these workers and rejected any sort of
employer-employee relationship between the Company and the
workers.
In light of this current case, below is the current New Jersey
test, adopted in a January 2015 case Hargrove v. Sleepy's,
LLC, No. A-70-12 (072742) (N.J. Jan. 14, 2015) to apply when
determining an individual's status for purposes of the New
Jersey wage and hour law.
