New Jersey
Discussion
New Jersey: Individuals May Directly Sue Employers for CREAMMA Violations
On May 26, 2026, in Sanders v. The Levari Group, LLC, the New Jersey Superior Court, Appellate Division, said that individuals may sue employers under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) for being denied employment based on lawful use of cannabis. In this case, after receiving an offer of employment, an individual tested positive for cannabinoid metabolites due to recreational marijuana use a few days prior, but was not under the influence at the time of the test. She was ultimately denied employment as a result, contrary to CREAMMA’s provisions. Although CREAMMA is technically silent on whether a private right of action exists, the court interpreted the silence in favor of individuals seeking to enforce their rights.
New Jersey: Federal Court Addresses Differences Between FLSA and New Jersey ABC Test
On May 29, 2026, a federal district court in New Jersey ruled in Tomasello v. ICF Technology, Inc., that a class of workers classified as independent contractors under the federal FLSA nonetheless qualified as employees under New Jersey’s stricter ABC test. The court found that the workers failed the ABC test’s second prong, which requires that the worker’s services be performed outside the usual course of the employer’s business and outside all of the employer’s places of business. The court found that the workers, who provided adult content through the company’s online streaming platform, performed services within the company’s usual course of business and not outside its places of business, as the platform itself was the company’s primary commercial venue regardless of its lack of a physical location. The decision underscores a key consideration for employers in states that impose their own worker classification test: a worker classification that satisfies federal law may still result in employee status under state law. Employers with workers in New Jersey classified as independent contractors should review those classifications with legal counsel for compliance with the state’s ABC test.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase