In Portillo v. National Freight, Inc. (“NFI”), a class of commercial truck drivers brought suit against NFI alleging that it misclassified them as independent contractors (“ICs”) and improperly deducted certain fees from their pay in violation of the New Jersey Wage Payment Law (“WPL”). The parties filed cross motions for summary judgment on the issue of whether the drivers were ICs or employees under New Jersey law. Utilizing the ABC Test, the court held that NFI misclassified the drivers as ICs when, in fact, they were actual employees of NFI. The class of drivers were truck owner operators that made
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