“This significant decision is believed to be the first employee misclassification decision involving remote webcam models in the country. We are pleased with the Court’s rigorous and thoughtful analysis of the ABC test, including even recent regulatory guidance by the New Jersey Department of Labor and Workforce Development. Now, with liability established on the state law claims, all that remains in the New Jersey case is an adjudication of damages to recover the unpaid wages in the “free chat,” as well as 100% of tips for over 400 Class Members. Defendants have kept 65% of their tips during the entire class period, reaching back to 2019. Those need to be returned to the Class.” Charles J. Kocher, Partner, McOmber McOmber & Luber, P.C. “This ruling was made possible with talented members of the Class Team committed to the rights of workers: Gaetano J. DiPersia and Tyler J. Burrell.”
