The Trump Administration has tried to help business and employers in many ways, including loosening USDOL rules (and views) over many things. One topic of special interest on this front has been on the independent contractor issue. The USDOL has taken another step now in that direction, by proposing a new rule on the classification
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New Jersey DOL Poster Basically Invites Workers to Claim They Are Not Independent Contractors
By Fox Rothschild LLP on
Posted in Independent Contractor, State Wage & Hour Laws
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 New Jersey initiative is to compel employers to post a notice that explains elements of independent contractor law and, essentially, invites workers to file suits…
NJ Employer Wins Independent Contractor Case, Beats ABC Test
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 for the employer community and that is what has happened in the case of a law firm who fought the UI claim of its paralegal,…
The New Jersey Unemployment Law’s ABC Test: Alphabet Soup Tough for Employers to Swallow (or Beat)
By Mark Tabakman on
Posted in Independent Contractor
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 courts also support this test as is again evidenced by the NJ Supreme Court’s refusal to take a case challenging a ruling under that test. …
The Unemployment “ABC” Test for Independent Contractor Status: A Mount Everest for Unwary Employers
By Mark Tabakman on
Posted in Independent Contractor, Working Time
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 individual for remuneration shall be deemed to be employment unless it is shown to the satisfaction of the Department of Labor that: (a) Such individual…