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31 VERONICA VILLALOBOS v. BEAST COAST MOVING LIMITED LIABILITY COMPANY -- rank: 527

... normally provides this type of work as an independent business. [N.J.S.A. 43:21-19(i)(6).] A-3074-21 10 and/or dispatcher. Defendants ...

docket:	a3074-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-19
status:	Unpublished
citation:
Document Size:	33303

32 JPRC, INC. v. NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT -- rank: 527

... years 2002 through 2005 were employees, within the meaning of N.J.S.A. 43:21-19(i)(1)(A), and assessed Liquid Assets approximately $9000 for ... hearing failed to satisfy the "ABC" test set forth in N.J.S.A. 43:21-19(i)(6). The ABC test consists of the following three ... engaged in an independently established trade, occupation, profession or business. [ N.J.S.A. 43:21-19(i)(6) (emphasis added).] On this appeal, we will not ... did not perform services "for remuneration" within the meaning of N.J.S.A. 43:21-19(i)(6), the Commissioner's factual findings were not supported ... to petitioner's business of serving food and drink. See N.J.S.A. 43:21-19(i)(6)(B). The club owner's 2012 testimony, that ... dancers performed their services for "remuneration" within the meaning of N.J.S.A. 43:21-19. See N.J.S.A. 43:21-19(o) (" ...

docket:	a1736-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-04
status:	unpublished
citation:
Document Size:	17740

33 RAYMOND VERAS v. INTERGLOBO NORTH AMERICA, INC. -- rank: 518

... be resolved by utilizing the 'ABC' test set forth in N.J.S.A. 43:21-19(i)(6)(A)-(C).' Hargrove, 220 N.J. at 312 ... to the three subparagraphs—(A), (B), and (C)— in N.J.S.A. 43:21-19(i)(6), which define 'employment' for purposes of the Unemployment Compensation Law (UCL). See N.J.S.A. 43:21-19(i)(6); Carpet Remnant Warehouse, Inc. v. New Jersey Dep ... determine if a worker is an employee or independent contractor. N.J.S.A. 43:21-19(i)(6). 'The 'ABC' test presumes an individual is an ... engaged in an independently established trade, occupation, profession or business. [N.J.S.A. 43:21-19(i)(6).] See also Hargrove, 220 N.J. at 305 ... outside of all the places of business of the enterprise.' N.J.S.A. 43:21-19(i)(6)(B). While the common law recognizes part ...

docket:	a3313-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-29
status:	Unpublished
citation:
Document Size:	29893

34 KRISTEN REEDY v. BOARD OF REVIEW DEPARTMENT OF LABOR and REEDY INTERNATIONAL CORP -- rank: 515

... employment and the corporation had not permanently ceased operations. See N.J.S.A. 43:21-19(m)(1)(A). Reedy appealed the denial of Claim No ...

docket:	a4575-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-10
status:	Unpublished
citation:
Document Size:	9006

35 LEE C. HUGUENIN v. BOARD OF REVIEW -- rank: 515

... the period of disability was not longer than two years." N.J.S.A. 43:21-19(c)(3). The regulations make clear the section "applies to ... statute defines wages as "remuneration paid by employers for employment." N.J.S.A. 43:21-19(o). Remuneration is defined as "all compensation for personal services ... value of all compensation in any medium other than cash." N.J.S.A. 43:21-19(p). Neither the definition of "wages" nor "remuneration" expressly references temporary disability benefits from workers' compensation. See N.J.S.A. 43:21-19(o)-(p). Also, in defining the "benefit year" for persons ... to a "period of disability . . . not longer than two years." N.J.S.A. 43:21-19(c)(3). "To ascertain legislative intent, we begin with the ... following requirements: 1. Established 20 base weeks as defined at N.J.S.A. 43:21-19(t)(3) as an amount equal to 20 times ...

docket:	a3826-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-04
status:	unpublished
citation:
Document Size:	15722

36 STEVEN P. EDELSCHEIN v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 515

... or hours worked, or the amount of income earned. See N.J.S.A. 43:21-19(c) (defining base year); N.J.S.A. 43:21-19(t)(2) (defining base week); N.J.A.C. 12 ... the individual has, during his base year as defined in [ N.J.S.A. 43:21-19(c)]: (A) Established at least 20 base weeks as defined in paragraphs (2) and (3) of [ N.J.S.A. 43:21-19(t)]; or (B) If the individual has not met the ...

docket:	a6295-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-31
status:	unpublished
citation:
Document Size:	16248

37 A-0AGOSTINHO P. LIVRES v. BOARD OF REVIEW and L & L CONSULTING SERVICES LLC May 14 2015 -- rank: 513

... to N.J.S.A. 43:21-4(e) and N.J.S.A. 43:21-19(i)(7)(C). After reviewing the record in light of ... had no other base year wages. As a result under N.J.S.A. 43:21-19(i)(7)(C) the claim was invalid and Livres was ... by the L.L.C. and paid by it. Under N.J.S.A. 43:21-19(i)(7)(C) services performed for a spouse are exempt ... Close v. Kordulak Bros. , 44 N.J. 589 , 599 (1965). 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 ... the employer. Therefore Livres' wife was his employer and under N.J.S.A. 43:21-19(i)(7)(C) his services performed for his spouse ...

docket:	a0980-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-28
status:	unpublished
citation:
Document Size:	14341

38 DONNA B. ESSICK v. BOARD OF REVIEW DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, and EQUITY COMMUNICATIONS, L.P -- rank: 513

... J.A.C. 12:17-6.2(b),2 and N.J.S.A. 43:21-19(m)(1).'3 Having reached these conclusions, the Appeal Tribunal ... trade, or industry during the week of employment.' 3 Under N.J.S.A. 43:21-19(m)(1): 'An individual shall be deemed 'unemployed' for any ... from August 2, 2020 through October 3, 2020, again citing N.J.S.A. 43:21-19(m)(1) and N.J.A.C. 12:17-2 ... 2020 because 'she was employed full- time in accordance with N.J.S.A. 43:21-19(m)(1).' And because the Appeal Tribunal previously addressed Essick ... was ineligible for benefits on the dates specified, pursuant to N.J.S.A. 43:21-19(m)(1)(A) and N.J.A.C. 12:17 ...

docket:	a3680-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-11
status:	Unpublished
citation:
Document Size:	15597

39 /usr/local/share/www/libweb/collections/courts/appellate/a3816-12a3817-12.opn.html -- rank: 509

... performed, but the individual's residence is in this State. [ N.J.S.A. 43:21-19(i)(2).] The statute adds that service "shall be deemed ... temporary or transitory in nature or consists of isolated transactions." N.J.S.A. 43:21-19(i)(5)(B). "[T]hese tests are to be applied ... show that Cieluch's "service" was "localized" in New Jersey. N.J.S.A. 43:21-19(i)(2)(A). Accordingly, for the purposes of the New ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	25136

40 SPAR MARKETING SERVICE INC v. NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENTPER CURIAM Petitioner Spar Marketing Services, Inc. appeals from a final administrative action issued on May 6, 2011, by the Commissioner of the Department -- rank: 509

... concluded the merchandisers did not have independent contractor status under N.J.S.A. 43:21-19(i)(6)(A), (B), and (C) (The ABC test), and ... the ALJ examined the statutory definition of "employment," governed by N.J.S.A. 43:21-19(i)(1)(A). That statute defines employment as: "[a]ny ... engaged in an independently established trade, occupation, profession or business. [ N.J.S.A. 43:21-19(i)(6).] The ALJ determined that petitioner satisfied the first ... Commissioner's determination, only challenging compliance with subsection (C) of N.J.S.A. 43:21-19(i)(6). Petitioner maintains it has sufficiently shown that the ... presented. It is well settled that, the primary objective of [ N.J.S.A. 43:21-19] is to provide a cushion for the workers of New ...

docket:	a4950-10
court:	appellate
decided:	2013-03-12
status:	unpublished
citation:
Document Size:	25640

41 DIANE BRUYNELL v. BOARD OF REVIEW DEPARTMENT OF LABOR and BRUYNELL ELECTRIC, L.L.C -- rank: 502

... s sole proprietorship does not qualify as "employment" pursuant to N.J.S.A. 43:21-19(i)(7)(C). Because we can find no error in ... Tribunal affirmed, finding because Bruynell was employed by her husband, N.J.S.A. 43:21-19(i)(7)(C) exempts her services from the definition of ... to this court, Bruynell does not contest the applicability of N.J.S.A. 43:21-19(i)(7)(C). She contends, however, that the Board failed ... 8(c)(2), might still be eligible for benefits notwithstanding N.J.S.A. 43:21-19(i)(7)(C). Palitto , supra , 312 N.J. Super. at ... of 18 in the employ of his father or mother. [ N.J.S.A. 43:21-19(i)(7)(C).] Bruynell does not dispute the agency's ...

docket:	a0861-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-12
status:	unpublished
citation:
Document Size:	17620

42 JOSEPH M. GUIDO v. BOARD OF REVIEW ALLSTATES AIR CARGO, INC. -- rank: 497

... and found Guido ineligible for unemployment compensation benefits pursuant to N.J.S.A. 43:21-19(m)(1)(A) and N.J.A.C. 12:17 ... of appellate review in appeal from denial of unemployment benefits). N.J.S.A. 43:21-19(m)(1) defines "unemployment." Subsection (A) of that statute establishes ... J. Super. 418 (App. Div. 1987), relevant to application of N.J.S.A. 43:21-19(m)(1)(A). In MBL Holding , we held that a ... company was not issued to him in his name. Under N.J.S.A. 43:21-19(m)(1)(A), the termination of his position with the ...

docket:	a1987-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-24
status:	unpublished
citation:
Document Size:	20978

43 ROY A. WESCOTT v. BOARD OF REVIEW -- rank: 493

... during his base year as defined in subsection (c) of [ N.J.S.A. ] 43:21-19: (A) Established at least 20 base weeks as defined in paragraphs (2) and (3) of subsection (t) of [ N.J.S.A. ] 43:21-19; or (B) If the individual has not met the requirements ... N.J.S.A. 43:21-4(e)4(A); N.J.S.A. 43:21-19(t)(2) (defining "base week"); N.J.S.A. 43:21-19(c)(1) (defining "base year"); nor did he earn "remuneration ...

docket:	a0115-11
court:	NJ Superior Court Appellate Division
decided:	2012-09-28
status:	unpublished
citation:
Document Size:	13824

44 RICHARD J. DICKHAUS v. BOARD OF REVIEW DEPARTMENT OF LABOR, and STEVENS INDUSTRIES -- rank: 488

... April 1, 2009, to file his initial claim. We disagree. N.J.S.A. 43:21-19(c)(1) defines the term "base year" to mean: the ... quarter which occurs before the commencing of the benefit. Furthermore, N.J.S.A. 43:21-19(d) defines the term "benefit year" as "the 364 calendar ... completed calendar quarters immediately preceding an individual's benefit year[.]" N.J.S.A. 43:21-19(c)(1). However, because Dickhaus' wages from Stevens were earned ...

docket:	a2977-09
court:	NJ Superior Court Appellate Division
decided:	2011-01-13
status:	unpublished
citation:
Document Size:	18587

45 DEBRA LEVIN v. BOARD OF REVIEW DEPARTMENT OF LABOR and EDUCATIONAL TESTING SERVICE -- rank: 484

... N.J.S.A. 43:21-4(c)(1) and N.J.S.A. 43:21- 19(q).' In this appeal, appellant relies on the Supreme Court ... those individuals who are underemployed rather than completely employed. See N.J.S.A. 43:21-19(q). Eligibility for unemployment benefits is based on the applicant ...

docket:	a4031-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-04
status:	Unpublished
citation:
Document Size:	16414