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?
New Jersey DOL Poster Basically Invites Workers to Claim They Are Not Independent Contractors
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
Interagency Coordination Between NJDOL And USDOL: Like Petula Clark Sang, Is This A “Sign Of The Times?”
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?”
NJ Governor Issues Executive Order On Independent Contractors—The More Things Change, The More They Stay The Same
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
A Lesson for Employers – Take the Easy Way Out: No Jurisdiction in FLSA Lawsuit
I always look for the easiest way out of a FLSA lawsuit. I use the word “easiest” in the most generic sense, as no magic bullet defense is truly easy.
Continue Reading A Lesson for Employers – Take the Easy Way Out: No Jurisdiction in FLSA Lawsuit
Independent Contractor Status and the ABC Test
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
Continue Reading Independent Contractor Status and the ABC Test
Another USDOL Audit of Gas Stations Yields Big Dollars for Employees
There have been many investigations of gas stations by the US Department of Labor. Like other retail industries, these businesses sometimes work their employees long hours for a set salary
Continue Reading Another USDOL Audit of Gas Stations Yields Big Dollars for Employees
NJ Judge Denies Class Arbitration of OT Claims Because Agreement Was Silent on the Issue
A major issue of recent vintage in wage hour litigation is whether workers must arbitrate their claims individually, as opposed to pursuing class actions, whether in an arbitration forum or
Continue Reading NJ Judge Denies Class Arbitration of OT Claims Because Agreement Was Silent on the Issue
Preemption Defense In Federal Court Dooms NJ State Overtime Claim
When a FLSA case (or a state law wage hour case) is filed against a unionized client, the first line of defense for me is to ascertain if we can
Continue Reading Preemption Defense In Federal Court Dooms NJ State Overtime Claim
‘Tis the Season
Employers often have questions relating to basic wage and hour issues. This blog post is designed to refresh your memory as to the current status of some of your more
Continue Reading ‘Tis the Season