The issue of who is and who is not an independent contractor has exploded on the legal scene in recent years. Many agencies are honing in on this topic and
Continue Reading Interagency Coordination Between NJDOL And USDOL: Like Petula Clark Sang, Is This A “Sign Of The Times?”
New Jersey Department of Labor
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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Franchise Store Hit With Class Action: Can The “Parent” Be Brought In?
By Mark Tabakman on
I have blogged about many off-the-clock cases; they can be troublesome to defend, especially in the absence of accurate time records. Another example has emerged. Three former employees of…
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Gender Equity Developments in New Jersey
By Fox Rothschild LLP on
This January is an exciting month for several reasons: (1) it’s my birthday month and (2) the NJ DOL issued the new poster promulgated by the 2012 amendment to the…
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State Exemptions Need Not Mirror Federal Exemptions
By Mark Tabakman on
The federal motor carrier exemption applies to drivers, mechanics and other employees whose duties affect safety and who work in interstate commerce. This exemption applies to truck companies and bus…
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The Offensive Use Of DOL Opinion Letters In Overtime (And Other) Wage-Hour Class Actions
By Mark Tabakman on
I have been representing an employer in a class action in which Registered Nurses, paid hourly, sought overtime. We won on summary judgment at the trial court, on the strength…
Continue Reading The Offensive Use Of DOL Opinion Letters In Overtime (And Other) Wage-Hour Class Actions