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
ABC Test
New Jersey Wage Deduction Class Action Revived by Appellate Division: More Independent Contractor Fallout
By Mark Tabakman on
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
The New Jersey Unemployment Law’s ABC Test: Alphabet Soup Tough for Employers to Swallow (or Beat)
By Mark Tabakman on
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)
The Unemployment “ABC” Test for Independent Contractor Status: A Mount Everest for Unwary Employers
By Mark Tabakman on
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
NJ Governor Issues Executive Order On Independent Contractors—The More Things Change, The More They Stay The Same
By Mark Tabakman on
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
Independent Contractor Status and the ABC Test
By Mark Tabakman on
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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USDOL To Issue Official Independent Contractor Guidance in Administrator Interpretation
By Mark Tabakman on
I have recently blogged about new exemption regulations being proposed. Well, that is not the only regulatory initiative coming down the pike. The USDOL is about to release guidance on…
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New Jersey Missclassification Wage and Hour Suit
By Fox Rothschild LLP on
An interesting case coming out of New Jersey…
We often blog about “misclassification” which is a laconic way of referring to the misclassification of employees as something other than employees,…
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Independent Contractor Issues Will Remain in 2010
By Mark Tabakman on
John Ho, in the New York Labor and Employment Law Report, writes that in difficult economic times, employers may resort more to the use of so-called independent contractors, to avoid…
Continue Reading Independent Contractor Issues Will Remain in 2010