"Under the Brokers Act, the parties’ agreement to an independent contractor affiliation is not merely one of several factors in the analysis, as the Appellate Division viewed it to be," Justice Anne M. Patterson said. "To the contrary, if the parties have agreed in writing to a business affiliation in compliance with the Brokers Act, that agreement is dispositive."
May 13, 2024 at 05:47 PM
6 minute read
The New Jersey Supreme Court unanimously held that an agreement between a realtor and a real estate broker is enforceable under the Brokers Act but as an independent contractor, the realtor is not subject to the Wage Payment Law.
The plaintiff, James Kennedy II, was a fully commissioned real estate salesman with real estate broker Weichert Co. Kennedy entered into two written agreements, agreeing to work as an independent contractor.
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