3rd Circuit: No Preemption Of New Jersey Test In Employment Status Suit

Mealey's (February 7, 2019, 12:50 PM EST) -- PHILADELPHIA — New Jersey’s test for determining employment status for the purposes of state wage law claims is not preempted by the Federal Aviation Authorization Administration Act of 1994 (FAAAA) because its effects on prices, routes or services related to the transportation of property “is tenuous and insignificant,” a Third Circuit U.S. Court of Appeals panel ruled Jan. 29 (Ever Bedoya, et al. v. American Eagle Express Inc., No. 18-1641, 3rd Cir., 2019 U.S. App. LEXIS 3155)....