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
The New Jersey test for independent contractor status under the unemployment laws is already very tough, the very infamous, A-B-C standard. That is seemingly not enough for this Administration and
Continue Reading Say It Ain’t So!—NJ Moves to Tighten Up Already Strangling A-B-C Test for Independent Contractors
The New Jersey independent contractor test is one of the toughest for a putative employer to prevail upon. So, when an employer does do that, it is a great day
Continue Reading NJ Employer Wins Independent Contractor Case, Beats ABC Test
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