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Tag: independent contractor

Casual Employment and Independent Contractor Defenses Often Overlap

By on March 6, 2014 in Key Defenses with 0 Comments
Casual Employment and Independent Contractor Defenses Often Overlap

Many clients ask what the difference is between the defense of independent contractor and casual employment.  The truth is that the defenses are very similar, and one important case, Berkeyheiser v. Mollie S. Woolf, 71 N.J. Super. 171, (App.Div. 1961), illustrates this point. The case involved a man who worked full time for St. Regis […]

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Independent Contractor – Re/Max v. Wausau Ins. Cos.

By on July 7, 2008 in Key Defenses with 0 Comments

The independent contractor test was thoroughly analyzed by the Supreme Court in Re/Max v. Wausau Ins. Cos., 162 N.J. 282 (2000). In that case Re/Max argued that all of its real estate agents were independent contractors. They signed agreements to that effect. While most of the real estate agents worked full time, they did not have […]

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Independent Contractor – Kertesz v. Korsh

By on July 7, 2008 in Key Defenses with 0 Comments

To establish that an employee is an independent contractor the employer must consider the two tests used in New Jersey. The case of Kertesz v. Korsh, 296 N.J. Super. 146 (App. Div. 1996) provides an illustration. In this case the petitioner, Michael Kertesz, was a skilled contractor who did sheet rocking for 30 years. He had […]

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