SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

Ruth S. Feldman, M.D. v. Hunterdon Radiological Associates, et al. (A-71-05)

Argued April 3, 2006 -- Decided July 5, 2006

LONG, J., writing for a Unanimous Court.

Ruth Feldman, a physician and shareholder-director of Hunterdon Radiological Associates (HRA), file a complaint against HRA and others alleging a violation of the Conscientious Employee Protection Act (CEPA). The question before the Court is whether Feldman, as a "shareholder-director" of HRA, was an "employee" within the meaning of CEPA.

HRA is comprised of physicians who practice radiology and provide MRI services to the Hunterdon Medical Center (HMC). Feldman began working at HRA in 1978 and became a shareholder-director in 1992. She shared equally with the other shareholder-directors in HRA's profits and losses and had an equal vote in significant business decisions.