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KENNEDY v. WEICHERT CO.

DOCKET NO. A-0518-19.

289 A.3d 813 (2023)

474 N.J. Super. 541

James KENNEDY, II, on Behalf of himself and all other similarly situated persons, Plaintiff-Respondent, v. WEICHERT CO., d/b/a Weichert Realtors, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 2021.

Remanded by the Supreme Court June 1, 2022.

Resubmitted November 9, 2022.

Decided January 30, 2023.

Attorney(s) appearing for the Case

Laddey, Clark & Ryan, LLP, John F. Birmingham , (Foley & Lardner, LLP) of the Michigan bar, admitted pro hac vice, and Jennifer M. Keas , (Foley & Lardner, LLP) of the District of Columbia bar, admitted pro hac vice, attorneys for appellant ( Thomas N. Ryan , Sparta, John F. Birmingham , Jennifer M. Keas , on the briefs).

Sattiraju & Tharney, LLP, attorneys for respondent ( Ravi Sattiraju , of counsel and on the brief; Edward J. Herban and Gareth D. Horell , on the brief).

Greenbaum, Rowe, Smith & Davis, LLP, attorneys for amicus curiae New Jersey Realtors ( Barry S. Goodman , Iselin, and Darren C. Barreiro , Red Bank, of counsel; Conor J. Hennessey , Iselin, on the brief).

Matthew J. Platkin , Attorney General, attorney for amicus curiae New Jersey Department of Labor and Workforce Development ( Mayur P. Saxena , Assistant Attorney General, of counsel; Joana Gretz , Deputy Attorney General, on the brief).

Before Judges Messano, Rose and Gummer.

The opinion of the court was delivered by

As we explained in our prior opinion, plaintiff James Kennedy, II, was a fully commissioned real estate salesperson with defendant Weichert Company, a licensed real estate broker. Kennedy v. Weichert Co., No. A-0518-19, 2021 WL 2774844 (App. Div. July 2, 2021...

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