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TRUCKERS' UNIONIZATION * USA: Doubts
* New Jersey - Court ruling could affect trucker unionization
Trenton,NJ,USA -JOC, by Joseph Bonney -Jan 16, 2015: -- Efforts to unionize owner-operator drivers in New Jersey could get a boost from a state Supreme Court ruling that limits companies’ ability to classify workers as independent contractors instead of employees... In a unanimous decision this week, the court ruled that a mattress retailer’s delivery drivers are presumed to be employees unless employers can show that the workers qualify as independent contractors under a three-pronged “ABC” test... Under that test, companies must demonstrate that workers (a) are free from company control or direction, (b) operate outside the company’s usual course of business or location, and (c) work in an independently established occupation or business... The ruling was the latest in a series of court decisions that generally have made it harder for companies to classify truck drivers and other workers as independent contractors instead of employees, who are eligible to unionize... The court ruled that the proper test was the ABC test, which the New Jersey Department of Labor had traditionally used in interpreting wages and hour laws. The case now returns to the federal appeals court...
Labels: drivers unionization
posted by Unknown @ 6:30 AM
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