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46 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status:	unpublished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

47 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status:	Unpublished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

48 PATRICIA ACKLEY v. BOARD OF REVIEW -- rank: 484

... Board properly concluded Ackley was not unemployed as defined in N.J.S.A. 43:21-19(m)(1)(A), during the period she was deemed on ...

docket:	a4947-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-15
status:	unpublished
citation:
Document Size:	19198

49 MKI ASSOCIATES, LLC v. NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT - -- rank: 472

... employees, and that MKI failed to meet its burden under N.J.S.A. 43:21-19(i)(6)(A)-(C) to prove otherwise. We affirm. In ... MKI. The ALJ found MKI satisfied all three prongs of N.J.S.A. 43:21- 19(i)(6)(A)-(C) and reversed the Department's determination ... J.S.A. 52:14B-10(c). II. Pursuant to N.J.S.A. 43:21-19(i)(6), '[s]ervices performed by an individual for remuneration ... engaged in an independently established trade, occupation, profession or business. [N.J.S.A. 43:21-19(i)(6)(A)-(C).] If each element is not met ... 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 B ...

docket:	a4508-17
court:	NJ Superior Court Appellate Division
decided:	2019-10-10
status:	Unpublished
citation:
Document Size:	31279

50 EVAN F. AHERNE v. BOARD OF REVIEW DEPARTMENT OF LABOR and KELLY SERVICES, INC -- rank: 465

... N.J.A.C. []12:17-5.6'5 and 'N.J.S.A. 43:21-19(c)(2),'6 notwithstanding the fact that he 'was approved ... N.J.A.C. 12:17-5.6(a). 6 N.J.S.A. 43:21-19(c)(2) provides: With respect to a benefit year commencing ...

docket:	a0454-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-23
status:	Unpublished
citation:
Document Size:	20340

51 NORTH JERSEY MEDIA GROUP, INC v. BOARD OF REVIEW and MARCELA ARRUBLA -- rank: 463

... was an independent contractor under the three-prong standard of N.J.S.A. 43:21-19(i)(6) (the ABC Test), we affirm. Pursuant to a ... that she was not disqualified as an independent contractor under N.J.S.A. 43:21-19(i)(6), her earnings qualified her for benefits, and she ... engaged in an independently established trade, occupation, profession or business. [ N.J.S.A. 43:21-19(i)(6).] Generally, the three prongs of the ABC Test ... independent-business test, prong C of the ABC Test. See N.J.S.A. 43:21-19(i)(6)(C) . Since all three prongs of the ABC ...

docket:	a4493-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-07-18
status:	Published
citation:
Document Size:	27489

52 /usr/local/share/www/libweb/collections/courts/appellate/a2764-17.opn.html -- rank: 463

... from, an educational institution, as defined in subsection (y) of [ N.J.S.A.] 43:21-19; except that this subsection shall not apply to any individual ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	24943

53 JONATHAN PENA RODRIGUEZ v. REYNALDO DE LA ROSA -- rank: 463

... known as the 'ABC test' of employment to the circumstances, N.J.S.A. 43:21-19(i)(6)(A)-(C). As determined by the trial judge ... established trade, occupation, profession or business. A-0686-22 4 [N.J.S.A. 43:21-19(i)(6)(A)-(C) (emphasis added).] 'The ABC test is ... t of Labor, 125 N.J. 567, 581 (1991) (quoting N.J.S.A. 43:21-19(i)(1)(A)). Prong A, known as the 'control test ... over the performance of such services.'' Id. at 582 (quoting N.J.S.A. 43:21-19(i)(6)(A)). 'The person must establish not only that ... of business.' Carpet Remnant, 125 N.J. at 584 (citing N.J.S.A. 43:21-19(i)(6)(B)). Lastly, Prong C requires 'a person be ...

docket:	a0686-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-28
status:	Unpublished
citation:
Document Size:	20964

54 DONALD H. WACHENFELD v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 461

... was an independent contractor and not an employee, pursuant to N.J.S.A. 43:21-19(i)(6). We affirm. Wachenfeld worked for Winchester Gardens, a ... ndependent [c]ontractor." Thus, his claim was invalid, pursuant to N.J.S.A. 43:21-19(i)(6). Wachenfeld then filed an administrative appeal with the ... rather than an independent contractor, under the statutory "ABC" Test. N.J.S.A. 43:21-19(i)(6). The scope of our review in an appeal ... engaged in an independently established trade, occupation, profession or business. [ N.J.S.A. 43:21-19(i)(6).] Generally, prong A is referred to as the ... a valid claim for unemployment compensation benefits, in accordance with N.J.S.A. 43:21-19(i)(6). Affirmed. This archive is a service of Rutgers ...

docket:	a5642-11
court:	NJ Superior Court Appellate Division
decided:	2015-03-12
status:	unpublished
citation:
Document Size:	16366

55 ALFREDPETIT-CLAIR, JR v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM - -- rank: 461

... the three subparagraphs – (a), (b), and (c) – in N.J.S.A. 43:21-19(i)(6), which defines 'employment' for purposes of the Unemployment ...

docket:	a2048-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-01
status:	unpublished
citation:
Document Size:	138311

56 JOAN B. FUTTERMAN v. BOARD OF REVIEW DEPARTMENT OF LABOR and STATE OF NEW JERSEY -- rank: 452

... days disqualified her from receiving benefits: From the wording of [ N.J.S.A. 43:21-19(p)], it is clear that remuneration need not be in ... value of all compensation in any medium other than cash." N.J.S.A. 43:21-19(p). In light of this broad definition, we agree with ... receive remuneration "less than his [or her] weekly benefit rate." N.J.S.A. 43:21-19(m)(1)(A). Futterman's weekly benefit rate was $700 ...

docket:	a3888-09
court:	New Jersey Superior Court Appellate Division
decided:	2011-07-25
status:	published
citation:	421 N.J. Super. 281 23 A.3d 477
Document Size:	28600

57 RICHARD KUTCHER v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 431

... N.J.S.A. 43:21-4(e)(4), (5); N.J.S.A. 43:21-19(c)(1), (d). When an employee has insufficient base weeks ... claim for benefits, an "alternate base year," as defined in N.J.S.A. 43:21-19(c)(1), may be used to calculate benefits, if the ... otherwise eligible. However, in the case of a prior disability, N.J.S.A. 43:21-19(c)(2) allows computation using the alternate base year "if ...

docket:	a5231-10
court:	NJ Superior Court Appellate Division
decided:	2014-04-11
status:	unpublished
citation:
Document Size:	22940

58 COMMITTEE ON OPINION JAMES CONSTRUCTION COMPANY, INC. Plaintiff v. DIRECTOR, DIVISION OF TAXATION et al. -- rank: 427

... standards must be applied to the same set of facts. N.J.S.A. 43:21-19(I)(6)(A), (B), and (C), (the so-called "ABC ...

docket:	05268-98
court:
decided:	1999-06-22
status:
citation:	18 N.J. Tax 224
Document Size:	111955

59 JOHN F. SCINTO v. BOARD OF REVIEW, DEPARTMENT OF LABOR -- rank: 424

... midnight Saturday, or as the division may by regulation prescribe." N.J.S.A. 43:21-19(q). Applying these provisions to her factual findings, the appeals ... N.J.S.A. 43:21-4(c)[(1)] and N.J.S.A. 43:21-19(q)." The Board, based upon its review of the record ... an alternative, that "the division may by regulation prescribe" otherwise. N.J.S.A. 43:21-19(q). No such regulation has been adopted, and we have ...

docket:	a0346-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-05
status:	unpublished
citation:
Document Size:	17900

60 ELLEN G. FEINSOT v. BOARD OF REVIEW -- rank: 424

... 21-1 to -24.30), ABC test set forth in N.J.S.A. 43:21-19(i)(6)(A)(B)(C). The Deputy Director appealed to ... established business' and therefore, did not meet that portion of N.J.S.A. 43:21-19(i)(6)(A)(B)(C). For instance, there is nothing ... be in employment if any of the prongs set by N.J.S.A. 43:21-19(1)(6)(A)(B)(C) are not satisfied. For example ...

docket:	A1982-04
court:	NJ Superior Court Appellate Division
decided:	2007-02-26
status:	unpublished
citation:
Document Size:	37075