![]() ![]() The amount of remuneration from the challenged relationship compared to the remuneration received from other customers.The extent of tools, equipment, vehicles and similar resources.The number of customers and the respective volume of business of each customer.The duration and strength of the business or enterprise.The determination should take into account for each individual in dispute: Conversely, the C standard is satisfied when a person has a business, trade, occupation or profession that will clearly continue despite termination of the challenged relationship.” “In our view, the C standard provides the closest connection between the obligation to pay taxes and the eligibility for benefits.” The court added, “Thus, if the person providing services is dependent on the employer and on termination of that relationship would join the ranks of the unemployed, the C standard is not satisfied. ![]() “In our view, that phrase refers only to those locations where the enterprise has a physical plant or conducts an integral part of its business.” “Specific factors indicative of control include whether the worker is required to work any set hours or jobs, whether the enterprise has the right to control the details and means by which the services are performed, and whether the services must be rendered personally.” The Worker Classification Questionnaire which the Department’s auditors and investigators use to evaluate if a relationship of an individual with the company is that of an independent contractor or employee under the New Jersey Unemployment Compensation Law is available in this website.ĮXCERPTS FROM CARPET REMNANT WAREHOUSE, INC. The use of a questionnaire will aid the employers in making sure that they get all the information needed in classifying individuals they hire. It is important to know the law and regulations the consequences for not knowing can be significant. independent contractor status is particularly difficult in certain situations. Judicial reviews by both the Appellate Division of New Jersey’s Superior Court and the Supreme Court accept this as a result of the remedial nature of the unemployment program. In New Jersey, because the statute is remedial and its provisions construed liberally, a statutory employee-employer relationship can be found even though that relationship may not satisfy common-law principles.
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