Judge Misapplied Test for Determining Whether Cab Driver Qualified as Employee

The New Jersey Superior Court’s Appellate Division ruled that a judge applied an incorrect standard to determine that a driver was not an employee of a cab company. Case: Pendola v. Milenio Express, No. A-0225-17T2, 10/26/2018, unpublished. Facts: Julio Pendola worked as a cab driver in Newark. He testified that he has worked exclusively for Classic since 2003. When he started driving, he used a borrowed car. Pendola later purchased his own car. Classic told him that he had to paint the car silver, since that was the color the city had assigned to Classic’s cabs. The compan...