HARGROVE v. SLEEPY'S, LLC

A-70 September Term 2012, 072742

106 A.3d 449 (2015)

220 N.J. 289

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.

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).


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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