ABC Test

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

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

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