There is a tripartite test for independent contractor under the New Jersey Unemployment Compensation statute (and many other States), the so-called “ABC” test. Under this test, services performed by an
Continue Reading The Unemployment “ABC” Test for Independent Contractor Status: A Mount Everest for Unwary Employers
Interagency Coordination Between NJDOL And USDOL: Like Petula Clark Sang, Is This A “Sign Of The Times?”
The issue of who is and who is not an independent contractor has exploded on the legal scene in recent years. Many agencies are honing in on this topic and
Continue Reading Interagency Coordination Between NJDOL And USDOL: Like Petula Clark Sang, Is This A “Sign Of The Times?”
USDOL Issues Guidance On Independent Contractor Issues In The Home Health Care Industry—The More Things Change…
I am a big believer in advice from the U.S. Department of Labor. I have applauded the re-introduction of opinion letters and I welcome any published guidance (on any subject)
Continue Reading USDOL Issues Guidance On Independent Contractor Issues In The Home Health Care Industry—The More Things Change…
NJ Governor Issues Executive Order On Independent Contractors—The More Things Change, The More They Stay The Same
I have done a lot of independent contractor work in New Jersey, defended many such cases, from (numerous) unemployment audits to FLSA class actions. The New Jersey test, the A-B-C
Continue Reading NJ Governor Issues Executive Order On Independent Contractors—The More Things Change, The More They Stay The Same
Eleventh Circuit Decision On Opt-In Consent Changes FLSA Collective Action Landscape
Employers are always trying to cut off the head of a class action, i.e. the named plaintiff, in order to bring the case to an end. What happens when the
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Harvard University Gets Lesson in “Higher Education” in Independent Contractor Case
Classification issues are annoying ones, to state the obvious. Especially decisions and issues as to who is and who is not an independent contractor. And, it does not matter whether
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Independent Contractor Status and the ABC Test
I have handled almost 100 unemployment insurance audits by the New Jersey DOL, where the underlying gravamen is that certain individuals are or are not independent contractors. The Auditors enforce
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Need for Individual Scrutiny Kills FLSA Collective Action – That’s the Cure for This Disease
I have blogged on this topic many times but I never tire of it. What is the way to defeat a class action? The magic bullet? The answer? Too
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Is There, Or Will There Be, Erratic Enforcement of the FLSA Under Trump?
The President has not yet nominated an Administrator for the DOL Wage and Hour Division and the new Secretary of Labor, Alexander Acosta, has not named a political adviser to
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Secretary of Labor Rescinds Two Administrator Interpretations: Does it Make A Difference?
The Obama DOL had issued two so-called “white papers” one on independent contractor status (Administrator Interpretation No 2015-1).and the other on joint employer status (Administrator Interpretation No. 2016-1). These documents
Continue Reading Secretary of Labor Rescinds Two Administrator Interpretations: Does it Make A Difference?