Accountemps Division of Robert Half, Inc. v. Birch Tree Group, Ltd

In Accountemps Division of Robert Half, Inc. v. Birch Tree Group, Ltd., 115 N.J. 614, 560 A.2d 663 (1989), the Supreme Court departed from federal case law construing a prior version of the Act as inapplicable to out-of-state agencies, Robert T. Winzinger, Inc. v. Mgmt. Recruiters of Bucks County, Inc., 841 F.2d 497 (3d Cir.1988), and held that the Act applied to all out-of-state agencies doing business in New Jersey. Accountemps, supra, 115 N.J. at 621-23, 560 A.2d 663. However, in applying that holding to plaintiff, a licensed Pennsylvania agency which sought to recover damages for unpaid fees from a New Jersey client, the Court held that it would be inequitable under the unique circumstances of that case to apply the Act retrospectively to plaintiff because the decision embodied a new principle of law and enforcement of the requirement in that instance would cause unreasonable surprise and prejudice to plaintiff. Accountemps, 115 N.J. at 627-28, 560A.2d 663. The Act has been applicable to in-state agencies since its inception in 1951, id., 115 N.J. at 619, 560 A.2d 663, and to out-of-state agencies since 1989, id., 115 N.J. at 623, 560 A.2d 663; P.L. 1989, c. 331, 4.