EAST BAY DRYWALL, LLC, PETITIONER-RESPONDENT, v. DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, RESPONDENT-APPELLANT., 251 N.J. 477

Summary

HOLDINGS: [1]-In an action involving a routine audit conducted by the Department to determine whether the employer owed payments under N.J.S.A. § 43:21-7, the Commissioner's finding that the employer did not supply sufficient information to prove the workers' independence under the ABC test's prong C was not arbitrary, capricious, or unreasonable, but rather was supported by the absence of record evidence as to that part of the test. The court was thus satisfied that all 16 workers were properly classified as employees.