New Jersey Silhouette in Rubber Stamp StyleThe 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 I have, over the last five years, probably defended more than fifty audits, inspections and lawsuits involving this issue. Well, the landscape just got murkier,

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 test, is well-established and one of the hardest for the putative employer to prevail upon. The test was, just a few years ago, reinforced by

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 the law very strictly and follow, in my view, an almost mechanistic approach in their determinations that virtually every 1099 person they audit is an

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 in court.  The doctrine favoring arbitration was just given another boost, as Robert Half International Inc. has won a motion to keep worker overtime claims

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 basic wage and hour issues in New Jersey as we wrap up 2014.

Q1. What is New Jersey’s minimum wage?

A. Effective January 1, 2014,

In restaurants and diners, an employer may take a tip credit against the minimum wage. That means that the employer pays a wage of $2.13 per hour to the employee and hopes/anticipates that the employee will derive a sufficient number of tips, per hour, to equal or exceed the minimum wage. Often times, waiters and