I have been worried for some time now about the threat of increasing cooperation between agencies, federal and state, when it comes to assessing independent contractor status. Well, my fear
Continue Reading Oh My! Yet Another Collaboration Between Federal Agencies On The Independent Contractor “Situation.”Prong B of the New Jersey ABC test for independent contractor status under the unemployment law requires the putative contractor to work outside of all of the “places of business”
Continue Reading The ABC Test At Issue Before NJ Supreme Court: What Does A “Place of Business” Mean For Unemployment Law
There are so many independent contractor cases that go against the employers that when one goes the other way, it is a big deal. That is what has just happened
Continue Reading Costco Wins Independent Contractor Case: Is The Tide (Hopefully) Changing?
I have written a few times on the new, very aggressive, enforcement measures that the New Jersey legislature has recently taken on the issue of misclassification. On this troubling note,
Continue Reading New Jersey Management-Side Lawyers Bemoan Latest Legislative Attacks On The Business Community Over Independent Contractor Misclassification
I have often blogged about the very enforcement-oriented stance of the Murphy Administration and the New Jersey Department of Labor (“NJDOL”). Well, I have now even more evidence. On July
Continue Reading New Jersey Tightens Up Already Stringent Independent Contractor Enforcement Hammers: Is There No End In Sight?
I have often said that the USDOL is a politically charged industry and its view on legal issues (much like the National Labor Relations Board) shifts with the Administration that
Continue Reading Biden DOL Withdrawal Of Trump DOL Opinion Letters Signals Major Pendulum Swing Towards Employees
I have often lamented how easy it seems for plaintiffs to secure conditional certification in a FLSA collective action. A few Affidavits, often identical in content, are produced and then,
Continue Reading Fifth Circuit Issues New Test For Determining Conditional Certification in FLSA Collective Actions: I Am Giddy!
If recent history teaches anything, it is that no industry is immune from attacks on employers who allegedly misclassify workers as independent contractors. In an offbeat case, this has occurred
Continue Reading Medical Interpreters Deemed Employees Not Independent Contractors: The Detrimental Effect Of Non-Compete Agreements!
In an off-beat case that revolved around the IRS twenty-factor test for independent contractor, an appellate court in Missouri has affirmed the state Labor Commission ruling that caretakers working for
Continue Reading Bow-Wow: Court Finds Pet Sitters Are Employees, Not Independent Contractors
The Trump Administration has tried to help business and employers in many ways, including loosening USDOL rules (and views) over many things. One topic of special interest on this front
Continue Reading New USDOL Independent Contractor Rule Helps Putative Employers