My colleagues, Colin Dougherty and Lindsey Cook, wrote about the coming of a new USDOL independent contractor rule that would likely further hamper an employer’s ability to use individuals (e.g.Continue Reading USDOL Issues Final Independent Contractor Rule: The Box Closes In (A Little More)
The New Jersey Department of Labor and the Attorney General have really declared war against the supposed scourge of misclassification of workers as independent contractors. The agency is making this…Continue Reading NJ Attorney General Reveals New Weapon In State’s Fight Against Misclassification
The New Jersey so-called ABC test for determining independent contractor status is one of the toughest in the country and is applied in a strict manner by the New Jersey…Continue Reading New Jersey Appellate Division Rules Real Estate Agents Are Not Subject To ABC Test For Independent Contractor Determinations
Uber just settled its New Jersey UI audit on independent contractor assessment for $100,000,000, down from an original sum much greater. Pretty good considering that misclassification is a heavy focus…Continue Reading Can $100,000,000 Be A Good Deal– Ask Uber!
When a company issues franchises, and the workers (in this case janitors) claim they are not independent contractors and sue the franchise company, can that “relationship” be posited as a…Continue Reading A Franchisee-Franchisor Relationship Cannot Be A Defense In An Independent Contractor Action
Most judicial decisions on the issue of independent contractor status go against the putative employer, with a finding that the people are statutory employees. A Massachusetts court has just reversed…Continue Reading A Court Rules Workers Are Independent Contractors! Will Wonders Never Cease?
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
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?
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
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…
Continue Reading Uber Case Shows How Tough New Jersey Is on Independent Contractor Determinations