The U.S. Court of Appeals for the Third Circuit has reopened a putative class action against mattress retailer Sleepy’s in light of a January decision by the New Jersey Supreme Court that adopted a broad definition of who should be classified as an employee.
The appeals court vacated a district judge’s summary judgment order dismissing the case and remanded it for rehearing in light of the state Supreme Court’s adoption of what is known as the “ABC” test. The Third Circuit instructed the district court to apply the test to determine whether Sleepy’s delivery workers are independent contractors or employees under the New Jersey Wage Payment Law and the New Jersey Wage and Hour Law.
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