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14 New Jersey opinions name it 2 courts 2003–2026 3 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Chrisanthis v. County of Atl.green2 sentences2026We further stated that applying the Pukowsky factors "requires more than the listing of factors on either side of the ledger with victory going to the side garnering the most factors." Chrisanthis v. Cnty. of Atl., 361 N.J. 2026We further stated that applying the Pukowsky factors "requires more than the listing of factors on either side of the ledger with victory going to the side garnering the most factors." Chrisanthis v. Cnty. of Atl., 361 N.J. | 3 | 6 |
D'Annunzio v. Prudential Insurance Co. of Americagreen2 sentences2020A-4111-17T3 21 In D'Annuzio v. Prudential Insurance Co. of America, 192 N.J. 110, 121 (2007), the New Jersey Supreme Court in the context of a CEPA claim stated that the definition of employee "does not exclude, explicitly, p ersons who are designated as independent contractors," and included "more than the narrow band of traditional employees." The Court in D'Annuzio adopted the Pukowsky factors for assessing the real employer-employee status of an alleged independent contractor, which require a highly fact-sensitive inquiry. 2020A-4111-17T3 21 In D'Annuzio v. Prudential Insurance Co. of America, 192 N.J. 110, 121 (2007), the New Jersey Supreme Court in the context of a CEPA claim stated that the definition of employee "does not exclude, explicitly, p ersons who are designated as independent contractors," and included "more than the narrow band of traditional employees." The Court in D'Annuzio adopted the Pukowsky factors for assessing the real employer-employee status of an alleged independent contractor, which require a highly fact-sensitive inquiry. | 2 | 4 |
Kounelis v. Sherrergreen2 sentences2007See, e.g., Kounelis v. Sherrer, 396 F.Supp. 2d 525, 532-33 (D.N.J.2005) (applying Pukowsky's factors in CEPA action by inmate claiming "employee" status). 2007See, e.g., Kounelis v. Sherrer, 396 F.Supp.2d 525, 532-33 (D.N.J.2005) (applying Pukowsky’s factors in CEPA action by inmate claiming “employee” status). | 2 | 3 |
Pukowsky v. Carusogreen2 sentences2025Under the Pukowsky test, a court should consider the following factors when determining if a plaintiff qualifies as an employee: (1) the employer's right to control the means and manner of the worker's performance; (2) the kind of occupation—supervised or unsupervised; (3) skill; (4) who furnishes the equipment and workplace; (5) the length of time in which the individual has worked; (6) the method of payment; (7) the manner of termination A-2847-22 15 of the work relationship; (8) whether there is annual leave; (9) whether the work is an integral part of the business of the "employer;" (10) w 2025Under the Pukowsky test, a court should consider the following factors when determining if a plaintiff qualifies as an employee: (1) the employer's right to control the means and manner of the worker's performance; (2) the kind of occupation—supervised or unsupervised; (3) skill; (4) who furnishes the equipment and workplace; (5) the length of time in which the individual has worked; (6) the method of payment; (7) the manner of termination A-2847-22 15 of the work relationship; (8) whether there is annual leave; (9) whether the work is an integral part of the business of the "employer;" (10) w | 1 | 6 |
Franz v. Raymond Eisenhardt & Sons, Inc.green2 sentences2007The Pukowsky test identifies twelve factors to be used in that analysis: (1) the employer's right to control the means and manner of the worker's performance; (2) the kind of occupation— supervised or unsupervised; (3) skill; (4) who furnishes the equipment and workplace; (5) the length of time in which the individual has worked; (6) the method of payment; (7) the manner of termination of the work relationship; (8) whether there is annual leave; (9) whether the work is an integral part of the business of the "employer;" (10) whether the worker accrues retirement benefits; (11) whether the "emp 2007The Pukowsky test identifies twelve factors to be used in that analysis: (1) the employer's right to control the means and manner of the worker's performance; (2) the kind of occupation— supervised or unsupervised; (3) skill; (4) who furnishes the equipment and workplace; (5) the length of time in which the individual has worked; (6) the method of payment; (7) the manner of termination of the work relationship; (8) whether there is annual leave; (9) whether the work is an integral part of the business of the "employer;" (10) whether the worker accrues retirement benefits; (11) whether the "emp | 1 | 2 |
Hoag v. Browngreen2 sentences2025Super. at 182-83 .] The factors should be examined in the context of the "totality of the circumstances." Id. at 182 . "[A] number of the factors overlap, and [courts] weigh the factors qualitatively rather than quantitatively." Hoag v. Brown, 397 N.J. 2025Super. at 182-83 .] The factors should be examined in the context of the "totality of the circumstances." Id. at 182 . "[A] number of the factors overlap, and [courts] weigh the factors qualitatively rather than quantitatively." Hoag v. Brown, 397 N.J. | 1 | 1 |
Sam Hargrove v. Sleepy's, LLC (072742)green1 sentence2018As the Court held in D'Annunzio, and reiterated in Kotsovska, "when 'social legislation must be applied in the setting of a professional person or an individual otherwise providing specialized services allegedly as an independent contractor,' the trial court should consider three factors: '(1) employer control; (2) the worker's economic dependence on the work relationship; and (3) the degree to which there has been a functional integration of the employer's business with that of the person doing the work at issue.'" Kotsovska, 221 N.J. at 594 (quoting D'Annunzio, 192 N.J. at 122 ); see also Ha | 1 | 1 |
Thomas v. County of Camdengreen2 sentences2017A "person" is (continued) 21 A-0354-15T1 was the very breadth of the LAD's language that prompted our courts to develop the Pukowsky test to determine who qualifies as an "employee" under the statute "in cases lacking an actual or customary employer-employee relationship." Thomas v. Cty. of Camden, 386 N.J. 2017A "person" is (continued) 21 A-0354-15T1 was the very breadth of the LAD's language that prompted our courts to develop the Pukowsky test to determine who qualifies as an "employee" under the statute "in cases lacking an actual or customary employer-employee relationship." Thomas v. Cty. of Camden, 386 N.J. | 1 | 1 |
MacDougall v. Weichertgreen2 sentences2006Indeed, Clackamas echoed what our case law previously established in cognate contexts: neither the label on the position nor the duties set forth in an employment contract are determinative of whether an individual is an employee, MacDougall, supra, 144 N.J. at 388, 677 A.2d 162 ; any relevant matter may be considered, with no particular weight to be accorded to any one factor, Chrisanthis, supra, 361 N.J.Super. at 456 , 825 A.2d 1192 ; and the focus should be on the actual power and influence of the party within the organization because “control” is the principal guidepost, id. at 455 , 825 A 2006Indeed, Clackamas echoed what our case law previously established in cognate contexts: neither the label on the position nor the duties set forth in an employment contract are determinative of whether an individual is an employee, MacDougall, supra, 144 N.J. at 388, 677 A.2d 162 ; any relevant matter may be considered, with no particular weight to be accorded to any one factor, Chrisanthis, supra, 361 N.J.Super. at 456 , 825 A.2d 1192 ; and the focus should be on the actual power and influence of the party within the organization because “control” is the principal guidepost, id. at 455 , 825 A | 1 | 1 |
cluster 422044green1 sentence2003In Zippo, supra, 713 F. 2d at 38, the court held that although the length of time plaintiffs worked as district managers and their exclusive product arrangement and economic dependence are indicative of employee status, the presence of those factors, when balanced against other factors strongly supporting independent contractor status, would not defeat summary judgment. | 1 | 1 |
Walker v. Correctional Medical Systemsgreen2 sentences2003These are the factors in what we will refer to as the Pukowsky test: (1) the employer's right to control the means and manner of the worker's performance; (2) the kind of occupation— supervised or unsupervised; (3) skill; (4) who furnishes the equipment and workplace; (5) the length of time in which the individual has worked; (6) the method of payment; (7) the manner of termination of the work relationship; (8) whether there is annual leave; (9) whether the work is an integral part of the business of the "employer;" (10) whether the worker accrues retirement benefits; (11) whether the "employe 2003These are the factors in what we will refer to as the Pukowsky test: (1) the employer's right to control the means and manner of the worker's performance; (2) the kind of occupation— supervised or unsupervised; (3) skill; (4) who furnishes the equipment and workplace; (5) the length of time in which the individual has worked; (6) the method of payment; (7) the manner of termination of the work relationship; (8) whether there is annual leave; (9) whether the work is an integral part of the business of the "employer;" (10) whether the worker accrues retirement benefits; (11) whether the "employe | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Stomel v. City of Camden
green
1 sentence2025Id. at 142-43 . | 1 | 2025–2025 |
Estate of Myroslava Kotsovska v. Saul Liebman (073861)
green
1 sentence2018As the Court held in D'Annunzio, and reiterated in Kotsovska, "when 'social legislation must be applied in the setting of a professional person or an individual otherwise providing specialized services allegedly as an independent contractor,' the trial court should consider three factors: '(1) employer control; (2) the worker's economic dependence on the work relationship; and (3) the degree to which there has been a functional integration of the employer's business with that of the person doing the work at issue.'" Kotsovska, 221 N.J. at 594 (quoting D'Annunzio, 192 N.J. at 122 ); see also Ha | 1 | 2018–2018 |
D'ANNUNZIO v. Prudential Ins. Co.
green
2 sentences2007The panel emphasized the importance of "the employer's `control and direction' of the worker's performance of services for the employer. . . ." Id. at 277, 283, 891 A. 2d 673 (highlighting Pukowsky factors one, two, four, and seven). 2007The panel emphasized the importance of “the employer’s ‘control and direction’ of the worker’s performance of services for the employer____” Id. at 277, 283, 891 A.2d 673 (highlighting Pukowsky factors one, two, four, and seven). | 1 | 2007–2007 |
Clackamas Gastroenterology Associates, P. C. v. Wells
green
2 sentences2006It may be for that reason that in Clackamas, supra, 538 U.S. 440 , 123 S.Ct. 1673 , 155 L. 2006It may be for that reason that in Clackamas, supra, 538 U.S. 440 , 123 S.Ct. 1673 , 155 L. | 1 | 2006–2006 |
Higgins v. Pascack Valley Hospital
green
2 sentences2006It is just as unfortunate that illegal activities have not been brought to light because of the deep-seated fear on the part of an employee that his or her livelihood will be taken away without recourse. [ 158 N.J. at 420 , 730 A. 2d 327 (quoting Office of the Governor, News Release at 1 (Sept. 8, 1986)).] In considering the scope of N.J.S.A. 34:19-2(b) against this backdrop, we conclude that the term "employee" should not be diluted by the Pukowsky test because many of the Pukowsky factors have no relevance when compared to CEPA's purposes. 2006It is just as unfortunate that illegal activities have not been brought to light because of the deep-seated fear on the part of an employee that his or her livelihood will be taken away without recourse. [ 158 N.J. at 420 , 730 A. 2d 327 (quoting Office of the Governor, News Release at 1 (Sept. 8, 1986)).] In considering the scope of N.J.S.A. 34:19-2(b) against this backdrop, we conclude that the term "employee" should not be diluted by the Pukowsky test because many of the Pukowsky factors have no relevance when compared to CEPA's purposes. | 1 | 2006–2006 |
DaBronzo v. Roche Vitamins, Inc.
green
2 sentences2005The New Jersey District Court subsequently utilized the Pukowsky test to distinguish between an employee and an independent contractor in DaBronzo, supra, 232 F.Supp.2d at 316 . 2005The New Jersey District Court subsequently utilized the Pukowsky test to distinguish between an employee and an independent contractor in DaBronzo, supra, 232 F.Supp.2d at 316 . | 1 | 2005–2005 |
Carney v. Dexter Shoe Co.
green
2 sentences2003These are the factors in what we will refer to as the Pukowsky test: (1) the employer's right to control the means and manner of the worker's performance; (2) the kind of occupation— supervised or unsupervised; (3) skill; (4) who furnishes the equipment and workplace; (5) the length of time in which the individual has worked; (6) the method of payment; (7) the manner of termination of the work relationship; (8) whether there is annual leave; (9) whether the work is an integral part of the business of the "employer;" (10) whether the worker accrues retirement benefits; (11) whether the "employe 2003These are the factors in what we will refer to as the Pukowsky test: (1) the employer's right to control the means and manner of the worker's performance; (2) the kind of occupation— supervised or unsupervised; (3) skill; (4) who furnishes the equipment and workplace; (5) the length of time in which the individual has worked; (6) the method of payment; (7) the manner of termination of the work relationship; (8) whether there is annual leave; (9) whether the work is an integral part of the business of the "employer;" (10) whether the worker accrues retirement benefits; (11) whether the "employe | 1 | 2003–2003 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.