Search Rutgers Law Library N.J. Court Opinions

16 DIANE P. STINNEY v. BOARD OF REVIEW -- rank: 593

... she was not "employed" by the Township in accordance with N.J.S.A. 43:21-19(i)(1)(D)(iii)(aa) and therefore was not required ... employment as a council member was considered exempt employment under N.J.S.A. 43:21-19(i)(1)(D)(iii)(aa), however the monies paid to claimant for those services were considered remuneration under N.J.S.A. 43:21-19(p) and must be reported. The Board concluded that: "[T ... Township income as she was exempt from doing so under N.J.S.A. 43:21-19(i)(1)(D)(iii)(aa). She continues to be mistaken ... primary job. So the statute she relies on is inapplicable. N.J.S.A. 43:21-19(i)(1)(D)(iii)(aa) does not relieve claimant of ... value of all compensation in any medium other than cash." N.J.S.A. 43:21-19(p). The "statutory provisions and regulations . . . make it clear ...

docket:	a2740-12
court:	NJ Superior Court Appellate Division
decided:	2015-06-24
status:	unpublished
citation:
Document Size:	20375

17 PREETI GUNDECHA v. BOARD OF REVIEW -- rank: 590

... denying her claim for New Jersey unemployment benefits pursuant to N.J.S.A. 43:21-19(i)(2). We affirm, because although Gundecha was employed by ... following which the Appeal Tribunal rendered its decision. Citing to N.J.S.A. 43:21-19 and the definition of "employment" therein, the Tribunal found that ... claimant's work was not in [']employment['] in accordance with N.J.S.A. 43:21-19(i)(2) and the claim dated 2/17/13 is ... Rev. at 790. That definition remains in effect today in N.J.S.A. 43:21-19(i)(2). N.J.S.A. 43:21-19 requires that a claimant have employment in New Jersey to ... performed, but the individual's residence is in this State. [ N.J.S.A. 43:21-19(i)(2).] The statute thus contains four tests to ...

docket:	a3128-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-26
status:	published
citation:	441 N.J.Super. 339 118 A.3d 366
Document Size:	34074

18 James Kennedy, II v. Weichert Co. d\/b\/a Weichert Realtors -- rank: 588

... test from a provision of the Unemployment Compensation Law, see N.J.S.A. 43:21-19(i)(6)(A) to (C), real estate salespersons should be ... exemption for real estate salespersons compensated entirely by commission, see N.J.S.A. 43:21-19(i)(7)(K). Weichert did not raise that argument before ... ABC test set forth in the Unemployment Compensation Law (UCL), N.J.S.A. 43:21-19(i)(6)(A) to - (C), and adopted by regulation for ... established trade, occupation, profession or business. [Id. at 305 (citing N.J.S.A. 43:21-19(i)(6))]. We noted in Hargrove that “[t]he ... salesperson or salesperson shall satisfy the test set forth in [N.J.S.A.] 43:21-19(i)(7)(K) in order to be deemed an independent ... 3.2(b), including the reference to the UCL provision, N.J.S.A. 43:21-19(i)(7)(K), that had raised concerns about misclassification ...

docket:	a_48_49_22
court:	supreme
decided:	2024-05-10
status:	Published
citation:
Document Size:	59854

19 KISMET INTERNATIONAL INC.v. NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT -- rank: 577

... called ABC test for making that determination. Id. at 485; N.J.S.A. 43:21-19(i)(6)(A) to (C). Any service performed for renumeration ... engaged in an independently established trade, occupation, profession or business. [N.J.S.A. 43:21-19(i)(6).] Because the statutory ABC test is formulated in ... such services.'' Carpet Remnant, 125 N.J. at 582 (quoting N.J.S.A. 43:21-19(i)(6)(A)). 'The person [challenging the agency finding] must ... engaged in an independently established trade, occupation, profession or business.' N.J.S.A. 43:21-19(i)(6)(c). '[T]he [prong] C standard is satisfied ...

docket:	a1424-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-02
status:	Unpublished
citation:
Document Size:	30580

20 PAUL B. DALNOKY v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 577

... the wages earned by the applicant during his 'base year.' N.J.S.A. 43:21-19(c)(1). The 'base year' is defined as 'the first ... day on . . . which [an applicant] first files a valid claim[.]' N.J.S.A. 43:21-19(c)(1), (d). Thus, the base year to determine benefits ...

docket:	a5118-15
court:	NJ Superior Court Appellate Division
decided:	2019-02-21
status:	Unpublished
citation:
Document Size:	30316

21 RENEE A. JURATA v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 572

... the claims related to her employment at Tropical Pools under N.J.S.A.  43:21-19(i)(7)(c). The Division sought refunds of the benefits ... Pools were not eligible. The Appeals Tribunal opined that under N.J.S.A.   43:21-19(i)(7)(C), "employment" did not include "[s]ervice performed ... 2006; December 30, 2007; and January 30, 2010 invalid under N.J.S.A. 43:21-19(i)(7)(c). Accordingly, Jurata remained liable for the repayment ... for any refund amount notwithstanding the statutory exemption imposed by N.J.S.A. 43:21-19(i)(7)(C). Jurata relies principally on our decision in ... employment by a spouse is automatically exempt from benefits. See N.J.S.A. 43:21-19(i)(7)(C). In Palitto , we recognized that even if ... 43:21-8(c)(2), could receive disability benefits, notwithstanding N.J.S.A.  43:21-19(i)(7)(C). Id. at 159-61. We explained ...

docket:	a2784-11
court:	NJ Superior Court Appellate Division
decided:	2015-04-30
status:	unpublished
citation:
Document Size:	21674

22 DOREEN L. SIMON v. BOARD OF REVIEW, DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT -- rank: 570

... whether the employer satisfies the exemption for certain religious schools. N.J.S.A. 43:21-19(i)(1)(D)(i)(II). New Jersey's unemployment law ... employ of . . . a church or convention or association of churches.' N.J.S.A. 43:21-19(i)(1)(D)(i)(I). See n. 5 infra. 2 ... supported by a church or convention or association of churches . . . .' N.J.S.A. 43:21-19(i)(D)(i)(II). Apparently relying on the Division's ... here, the synagogue – then it would be exempt under N.J.S.A. 43:21-19(i)(D)(i)(I), which excludes 'services performed . . . in the ... 3309(b)(1)(A) — which contains language identical to N.J.S.A. 43:21-19(i)(D)(i)(I) — 'was meant to apply to ... FUTA, compare 26 U.S.C. § 3309(b) with N.J.S.A. 43:21- 19(i)(1)(D), and New Jersey is free to ...

docket:	a1972-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-14
status:	unpublished
citation:
Document Size:	41194

23 DANCE, INC v. NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT -- rank: 549

... to determine whether workers are employees or independent contractors. See N.J.S.A. 43:21-19(i)(6)(A-C). Petitioner also challenges the amount of ... any contract of hire, written or oral, express or implied.' N.J.S.A. 43:21-19(i)(1)(A). The statute defines 'remuneration' broadly to include ... value of all compensation in any medium other than cash.' N.J.S.A. 43:21-19(p). Under the statute, wages paid by the employer are a form of remuneration. N.J.S.A. 43:21-19(o). However, tips or 'gratuities' are also a form of remuneration. See N.J.S.A. 43:21-19(o); N.J.A.C. 12:16-4.1(b ... not satisfy any of the prongs of the ABC test. N.J.S.A. 43:21-19(i)(6)(A-C). Pursuant to N.J.S. ...

docket:	a3035-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-14
status:	Unpublished
citation:
Document Size:	11586

24 ABS GROUP SERVICES INC v. BOARD OF REVIEW and ROBERT PRICE April 27, 2016 Re -- rank: 547

... three essential criteria for independent contractor status set forth in N.J.S.A. 43:21-19(i)(6)(A) through (C). In particular, we determine that ... one of the two alternative criteria within factor (B) of N.J.S.A. 43:21-19(i)(6). ABS Groups Services, Inc. v. Bd. of Review ... in an "independently established trade, occupation, profession or business," see N.J.S.A. 43:21-19(i)(6)(C), the Appeal Tribunal noted that clients compensated ... services performed for ABS were employment, within the meaning of N.J.S.A. 43:21-19(i)(6), and that he consequently was eligible for unemployment ... determine if a worker is an employee or independent contractor. N.J.S.A. 43:21-19(i)(6). This test provides: Services performed by an individual ... service, both under his contract of service and in fact[.]" N.J.S.A. 43:21-19(i)(6)(A). Factors to consider include "whether the ...

docket:	a1847-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	33193

25 GARDEN STATE FIREWORKS INC v. NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT -- rank: 545

... contractors[.]" The American Pyrotechnics Association study was admitted into evidence. N.J.S.A. 43:21-19(i)(6)(A)-(C). She also relied on case law ... any contract of hire, written or oral, express or implied." N.J.S.A. 43:21-19(i)(1)(A). "If the Department determines that the relationship ... falls within that definition, and is not statutorily excluded, see N.J.S.A. 43:21-19(i)(7), then the party challenging the Department's  classification ... engaged in an independently established trade, occupation, profession or business. [ N.J.S.A. 43:21-19(i)(6)(A)-(C)]. The failure to satisfy any one ... from control or direction over the performance of such service." N.J.S.A. 43:21-19(i)(6)(A). The ALJ also found that the pyrotechnicians ... service, both under his contract of service and in fact[.]" N.J.S.A. 43:21-19(i)(6)(A). This prong requires a company to ...

docket:	a1581-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-29
status:	unpublished
citation:
Document Size:	43398

26 WILLIAM T. BYRNE v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 545

... N.J. Super. 551, 556-57 (App. Div. 1991) (citing N.J.S.A. 43:21-19(m)), eligibility to receive benefits for any week is contingent ...

docket:	a5518-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-21
status:	Unpublished
citation:
Document Size:	32160

27 JOANNE H. JONES v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 545

... of Review (Board) which found her unemployment claims invalid under N.J.S.A. 43:21-19(i)(7)(C) and determined she was liable for a ... November 16, 2008, and November 15, 2009 were invalid under N.J.S.A. 43:21-19(i)(7)(C). Additionally, it affirmed the Director's decision ... it disregarded Novakane as a separate entity from her husband. N.J.S.A. 43:21-19(i) defines employment under the New Jersey Unemployment Compensation Law. N.J.S.A. 43:21-19(i)(7)(C) provides that employment shall not include, "[s ... Board's finding that Jones' unemployment claims are invalid under N.J.S.A. 43:21-19(i)(7)(C) and that she is required to repay ...

docket:	a5598-10
court:	NJ Superior Court Appellate Division
decided:	2013-07-02
status:	unpublished
citation:
Document Size:	15965

28 JAMES KENNEDY, II v. WEICHERT CO. -- rank: 543

... be determined according to the so-called 'ABC test' in N.J.S.A. 43:21-19(i)(6)(A), (B), and (C), consistent with Hargrove v ... A. 2A:16-50 to -62, that the exemption in N.J.S.A. 43:21-19(i)(7)(K) governed 'whether a New Jersey A-0395 ...

docket:	a0395-19
court:	NJ Superior Court Appellate Division
decided:	2020-02-21
status:	Unpublished
citation:
Document Size:	24695

29 ASHLEY ELNAGGAR v. BOARD OF REVIEW DEPARTMENT OF LABOR and HR SERVICE GROUP LLC -- rank: 534

... than an amount [twenty] times the minimum wage in effect.' N.J.S.A. 43:21-19(t)(3). For A-0113-21 2 the Division's ... base weeks in which such wages were earned, pursuant to N.J.S.A. 43:21-19(u); then the weekly benefit rate is calculated as sixty ...

docket:	a0113-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-11
status:	Unpublished
citation:
Document Size:	17486

30 BESSIE KOHN v. BOARD OF REVIEW DEPARTMENT OF LABOR, and HARROGATE INC -- rank: 531

... and that should suffice to constitute good cause. We disagree. N.J.S.A. 43:21-19(c)(1) defines a base year for eligibility for unemployment ... completed calendar quarters immediately preceding an individual's benefit year. N.J.S.A. 43:21-19(d) defines "benefit year" as: the 364 calendar days beginning ... N.J.S.A. 43:21-4(e)(4)(A); N.J.S.A. 43:21-19(t)(3); N.J.S.A. 43:21-19(c)(1). Further, she did not earn "remuneration not less ... 1991 ameliorated the definition of the base year and amended N.J.S.A. 43:21-19(c) to provide an alternative "base year" for those individuals ... temporary disability or worker's compensation benefits. Under the amendment, N.J.S.A. 43:21-19(c)(2) defined the alternative base year as follows: ...

docket:	a6293-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-14
status:	unpublished
citation:
Document Size:	14320