The Supreme Court of New Jersey issued a unanimous decision May 13, clarifying how the employment status of real estate salespersons associated with brokers should be determined. James Kennedy v. Weichert Realtors holds that agreements between real estate salespersons and the brokers they work with are controlling as to whether the salesperson is an employee or an independent contractor, regardless of any laws, rules, or prior court-made tests to the contrary.
The Kennedy plaintiff sought classification as an employee, rather than an independent contractor, for …
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