Sam HARGROVE, Andre Hall and Marco Eusebio, Plaintiffs-Appellants,
v.
SLEEPY'S, LLC, Defendant-Respondent,
v.
I Stealth, Eusebio's Trucking Corp., and Curva Trucking, LLC, Third-Party Defendants.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued March 17, 2014.
Decided January 14, 2015.
Attorney(s) appearing for the Case
Anthony L. Marchetti, Jr., Mt. Laurel, and Harold L. Lichten, a member of the Massachusetts bar, argued the cause for appellants (Marchetti Law, attorney).
Matthew J. Hank, a member of the Pennsylvania bar, argued the cause for respondent (Littler Mendelson, attorneys; Mr. Hank, Kimberly J. Gost, Elizabeth Tempio Clement, and Holly E. Rich, Philadelphia, on the briefs).
Donna S. Arons, Deputy Attorney General, argued the cause for amicus curiae Department of Labor and Workforce Development (John J. Hoffman, Acting Attorney General of New Jersey, attorney; Melissa H. Raksa, Assistant Attorney General, of counsel).
Melville D. Miller, Jr., President, argued the cause for amicus curiae Legal Services of New Jersey (Mr. Miller, attorney; Mr. Miller, Keith G. Talbot, Akil S. Roper, Edison, and Sarah S. Hymowitz, on the brief).
David A. Tykulsker, Montclair, submitted a brief on behalf of amicus curiae International Brotherhood of Teamsters (David Tykulsker & Associates, attorneys).
Richard M. Schall, Moorestown, and Bennet D. Zurofsky, Newark, submitted a brief on behalf of amici curiae National Employment Lawyers Association of New Jersey, New Jersey Industrial Union Council, and National Employment Law Project (Schall & Barasch, attorneys).
Richard M. Hluchan, Marlton, submitted a brief on behalf of amicus curiae National Federation of Independent Business Small Business Legal Center (Hyland Levin, attorneys; Mr. Hluchan and Mark N. Suprenant, on the brief).
Denise M. Keyser submitted a brief on behalf of amicus curiae Academy of New Jersey Management Attorneys (Ballard Spahr, attorneys; Ms. Keyser and Amy L. Bashore, Cherry Hill, on the brief).
JudgeCUFF (temporarily assigned) delivered the opinion of the Court.
This matter presents a question of law certified and submitted by the United States Court of Appeals for the Third Circuit pursuant to Rule 2:12A-1. We have been asked which test a court should apply under New Jersey law to determine an employee's status for purposes of...
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