Scafuri v. Sisley Cosmetics, Docket No. A-3871-08T3 (App. Div. Nov. 25, 2009)

Twelve-part test for employment must be used to determine whether independent contractor is considered to be an employee of putative employer for purposes of protection under the New Jersey Law Against Discrimination.

The plaintiff was employed by Sisley Cosmetics and was assigned to work at a Sisley Cosmetics counter in a Neiman Marcus department store. She asserted that she was wrongfully terminated due to a physical handicap. The plaintiff asserted that she was a joint employee of Sisley and Neiman Marcus. In reversing the Summary Judgment dismissing Neiman Marcus, the court concluded that a twelve-part test must be used to determine whether an employment relationship exists for purposes of the New Jersey Law Against Discrimination and that there was sufficient evidence of the exercise of the right of control by Neiman Marcus.

Case Law Alert - 1st Qtr 2010