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?
Biden DOL Withdrawal Of Trump DOL Opinion Letters Signals Major Pendulum Swing Towards Employees
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
Fifth Circuit Issues New Test For Determining Conditional Certification in FLSA Collective Actions: I Am Giddy!
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,
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Medical Interpreters Deemed Employees Not Independent Contractors: The Detrimental Effect Of Non-Compete Agreements!
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
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Bow-Wow: Court Finds Pet Sitters Are Employees, Not Independent Contractors
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
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New USDOL Independent Contractor Rule Helps Putative Employers
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
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Company Asserts Novel Defense In Fighting FLSA Independent Contractor Misclassification Action
When people are employees, the deductions that may be made from their wages are limited and many items that would be classified as employer business expenses cannot be deducted from
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New Jersey DOL Poster Basically Invites Workers to Claim They Are Not Independent Contractors
The State of New Jersey (and many other states) has started to tighten up laws regarding independent contractor status. One troubling component (to management-side practitioners and employers alike) of this
Continue Reading New Jersey DOL Poster Basically Invites Workers to Claim They Are Not Independent Contractors
Independent Contractor Battles Fought on Many Fronts, Though Same Issue Persists
The significance of the issue of independent contractor cannot be underestimated these days and this battle is being waged on any number of fronts, including when an entity may or
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Uber Case Shows How Tough New Jersey Is on Independent Contractor Determinations
I have blogged numerous times about the strictness of the New Jersey A-B-C test as applied to possible independent contractors. The prime example of this is the very recent assessment
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