June 14, 2022: By: Joseph G. Harraka, Jr., Esq. Co-Practice Leader, Trucking and Logistics
A New Jersey federal district court judge in Portillo, et. al. v. National Freight, Inc. and NFI Interactive Logistics, Inc., 2022 WL 2078276 recently determined that delivery drivers for NFI Interactive Logistics (“NFI”) were misclassified as independent contractors and should be considered employees under New Jersey law. That decision could have a significant impact on other pending state and federal court cases concerning the employment status of delivery drivers.
In his written opinion (a copy of which can be obtained by clicking on the link below), Senior United States District Court Judge Joseph Rodriguez stated that the so-called ABC test for determining whether a worker is an independent contractor or an employee should apply to the class of NFI drivers involved in the action. He rejected a claim by NFI that the drivers were exempt from the ABC Test.