Court ruling could herald a shake-up for independent contractor status for real estate sellers

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The New Jersey Court of Appeals ruling could open the door to the conclusion that real estate sellers are employees and not independent contractors.

The Court of Appeals said the so-called ABC test for determining worker employment status applies to a dispute between real estate sellers and Weichert Realty over wage deductions. The ruling states that an Essex County Superior Court judge correctly rejected Weichert’s proposal to dismiss a class action claim that would deduct the company for insurance, marketing and other expenses from its income.

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