'ABC' Test Not Applicable to Real Estate Agents, N.J. Court Says – Bloomberg Law

By Jennifer Bennett
New Jersey law prevents the use of the “ABC” test to determine if a real estate salesperson is an employee or independent contractor, a state appeals court said, declining to adopt a different status test for those workers.
A real estate salesperson alleges Weichert Co., doing business as Weichert Realtors, misclassified him as an independent contractor and improperly deducted certain expenses from his wages. A 2022 amendment to state broker law “forecloses application of the ABC test,” and “because of the paucity of the record,” the New Jersey Superior Court, Appellate Division won’t take the opportunity to adopt another test …
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