NJ Justices Seek Review Of Real Estate Law In Wage Suit

By Bill Wichert (June 6, 2022, 7:56 PM EDT) — The New Jersey Supreme Court has remanded a proposed class action against Weichert Realtors to the state’s Appellate Division to tackle the impact of new legislation on the central issue of whether the state’s so-called ABC test applies in determining whether commissioned real estate agents are employees or independent contractors.

In an order made available Monday, the Supreme Court called for the Appellate Division to assess the effect of a January law declaring that certain 2018 amendments to the Real Estate Brokers and Salesmen Act applied retroactively, including a provision authorizing independent contractor relationships between real estate brokers and salespeople….

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