The significance of the issue of independent contractor cannot be underestimated these days and this battle is being waged on any number of fronts, including when an entity may or
Continue Reading Independent Contractor Battles Fought on Many Fronts, Though Same Issue Persists
independent contractor
Uber Case Shows How Tough New Jersey Is on Independent Contractor Determinations
By Fox Rothschild LLP on
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
NJ Employer Wins Independent Contractor Case, Beats ABC Test
By Fox Rothschild LLP on
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
New Jersey DOL Very Tough on Supposed Misclassification of Independent Contractors
By Fox Rothschild LLP on
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
New Jersey Wage Deduction Class Action Revived by Appellate Division: More Independent Contractor Fallout
By Fox Rothschild LLP 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
Referees Settle Independent Contractor FLSA Action: No “Penalty” for Either Side
By Fox Rothschild LLP on
The issue of whether athletic referees are independent contractors has surfaced a few times in the last few years. Here, in Pennsylvania, the Pennsylvania Interscholastic Athletic Association (the PIAA) that…
Continue Reading Referees Settle Independent Contractor FLSA Action: No “Penalty” for Either Side
The New Jersey Unemployment Law’s ABC Test: Alphabet Soup Tough for Employers to Swallow (or Beat)
By Fox Rothschild LLP 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)
USDOL Opinion Letter Takes Expansive View Of Independent Contractor Status
By Fox Rothschild LLP on
The issue of independent contractor is in the forefront of today’s legal scene, on numerous fronts. There is also an issue with changing technology and its impact on these thorny…
Continue Reading USDOL Opinion Letter Takes Expansive View Of Independent Contractor Status
Settling With (Only) the Named Plaintiff in Collective Actions: The Way To Go!
By Fox Rothschild LLP on
I often preach that, when dealing with a class action, the employer should try to pick off the named plaintiff, perhaps overpaying to do so (or maybe not). In this…
Continue Reading Settling With (Only) the Named Plaintiff in Collective Actions: The Way To Go!
The Unemployment “ABC” Test for Independent Contractor Status: A Mount Everest for Unwary Employers
By Fox Rothschild LLP 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