Facts of the case:

Tom worked as a cable installer for New Jersey Island Telecom, LLC, under an agreement with a third party, B&B Communications, Inc. The agreement stated that no employer-employee relationship existed between New Jersey Island Telecom and B&B's technicians, including Tom.Tom was required to designate his affiliation with New Jersey Island Telecom on his work van, clothing, and identification badge, but New Jersey Island Telecom had minimal contact with him and limited power to control the manner in which he performed his duties. Cox supplied cable wire and similar items, but the equipment was delivered to B&WB not to Tom.On a workday, while Tom was fulfilling a work order, his van rear-ended a car driven by Barbara.Given these facts, answer the following questions.

1. What is the criteria used by the Courts in determining whether a worker has the status of an employee or an independent contractor?
2. Is New Jersey Island Telecom liable to Barbara? Why and why not? Explain.