Supreme Court of New Jersey

Carpet Remnant Warehouse, Inc., Petitioner-Appellant v. New Jersey Department of Labor, Respondent-Respondent

August 6, 1991125 N.J. 567

Summary

The Supreme Court of New Jersey held that the Department of Labor’s Commissioner erred in finding that carpet installers for Carpet Remnant Warehouse were not free from control (A) and that their work was not performed outside the employer’s places of business (B); the Court therefore reversed the lower courts and remanded for the Department to determine whether the installers satisfy the C prong of the ABC test. Justice O'Hern dissented, arguing for greater deference to the agency.