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PDX NORTH, INC. v. COMMISSIONER NEW JERSEY DEPT.

Nos. 19-2968 and 19-2993.

978 F.3d 871 (2020)

PDX NORTH, INC.; SLS Delivery Services, Inc. (Intervenor in District Court) v. COMMISSIONER NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT. PDX North, Inc., Appellant in No. 19-2968. SLS Delivery Services, Inc., Appellant in No. 19-2993.

United States Court of Appeals, Third Circuit.

Filed: October 22, 2020.

Attorney(s) appearing for the Case

Allison L. Hollows , Fox Rothschild, 101 Park Avenue, 17th, Floor New York, NY 10178, Jack L. Kolpen , Corinne L. McCann Trainor [ARGUED], Ian D. Meklinsky , Fox Rothschild, 997 Lenox Drive, Princeton Pike Corporate Center, Building 3, Lawrenceville, NJ 08648, Counsel for Appellant in No. 19-2968.

Vafa Sarmasti , [ARGUED], 271 Route 46 West, Suite A205, Fairfield, NJ 07004, Counsel for Appellant in No. 19-2993.

Emily M. Bisnauth, Esq. [ARGUED], Christopher W. Weber , Office of Attorney General of New Jersey, Department of Law & Public Safety, Division of Law, Richard J. Hughes Justice Complex, 25 Market Street, P.O. Box 112, Trenton, NJ 08625, Counsel for Appellee.

Before: CHAGARES, SCIRICA, and ROTH,

OPINION OF THE COURT

This case involves a dispute over the employment classification of delivery drivers, either as independent contractors or as employees. The precipitating event in this litigation is the State of New Jersey's assertion of non-payment of unemployment...

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