The New Jersey DOL is very aggressive on the issue of independent contractor status, i.e. the issue of misclassification. The latest, perhaps best (or worst) illustration of this view is
Continue Reading New Jersey DOL Very Tough on Supposed Misclassification of Independent Contractors
New Jersey Wage Deduction Class Action Revived by Appellate Division: More Independent Contractor Fallout
When employers classify individuals as independent contractors, they are not obligated to provide them with certain benefits, as they would statutory employees. Sometimes, if those individuals are found to not
Continue Reading New Jersey Wage Deduction Class Action Revived by Appellate Division: More Independent Contractor Fallout
Referees Settle Independent Contractor FLSA Action: No “Penalty” for Either Side
The issue of whether athletic referees are independent contractors has surfaced a few times in the last few years. Here, in Pennsylvania, the Pennsylvania Interscholastic Athletic Association (the PIAA) that
Continue Reading Referees Settle Independent Contractor FLSA Action: No “Penalty” for Either Side
The New Jersey Unemployment Law’s ABC Test: Alphabet Soup Tough for Employers to Swallow (or Beat)
The test for independent contractor is often a tough one to meet. Especially in New Jersey which has (as do many other States), the famous (or infamous) A-B-C test. The
Continue Reading The New Jersey Unemployment Law’s ABC Test: Alphabet Soup Tough for Employers to Swallow (or Beat)
USDOL Opinion Letter Takes Expansive View Of Independent Contractor Status
The issue of independent contractor is in the forefront of today’s legal scene, on numerous fronts. There is also an issue with changing technology and its impact on these thorny
Continue Reading USDOL Opinion Letter Takes Expansive View Of Independent Contractor Status
The Unemployment “ABC” Test for Independent Contractor Status: A Mount Everest for Unwary Employers
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
Continue Reading Eleventh Circuit Decision On Opt-In Consent Changes FLSA Collective Action Landscape