New Jersey

Independent Contractor Status And The ABC Test

fireworks

  From JDSupra, Mark Tabakman discusses a recent New Jersey case in which pyrotechnicians were determined to be independent contractors.  Mark writes: 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…

New District of New Jersey Case Shows Importance of Requiring Drivers to Form Corporate Entities in Misclassification Cases 

Corporation word cloud

  From JDSupra, Harris Freier discusses a recent District of New Jersey case in which the fact that the workers had formed limited liability companies or corporations resulted in several of the complaints by the workers being dismissed.  Harris writes: Late last month, District of New Jersey Judge Robert B. Kugler partially granted FedEx Ground Package Systems…

Lowe’s settles worker misclassification charges

Worker with toolbelt, hard hat, step ladder - installer

  From Business Insurance, Judy Greenwald reports that Lowes agreed to a settlement of claims that workers were misclassified as independent contractors.  Judy writes: Lowe’s Home Centers has agreed to pay to pay up to $2.9 million to 450 New Jersey installers to settle charges it had misclassified the workers as independent contractors. The maximum…

New Jersey Assembly Labor Committee Advances Bill Concerning Payment of Freelance Workers 

Web design Contract

  From JDSupra, Krystina Barbieri, and Michael Riccobono discuss proposed legislation in New Jersey that would require written contracts with freelancers and provisions in those contracts spelling out the payment terms.  Krystina and Michael write: On January 19, 2017, the New Jersey Assembly Labor Committee advanced a bill (A-4410) that would require written contracts between “freelance workers” and…

Independent contractor or employee? Do you know who your employees are?

two movers carrying a sofa

    From HR.BLR.com, Howard Fetner discusses a case in which Williams-Sonoma hired MXD Group to deliver furniture to its cusomters.  MXD Group hired other companies, who hired drivers and helpers to deliver the furniture.  Some of the drivers and helpers alleged they were misclassified as independent contractors.  Howard writes: The court applied two different,…

2015 Year in Review—the Top 10 Trends in New Jersey Employment Law

From JDSupra, Joseph C. O’Keefe, Esther Pak, Catherine Pontoriero share their view on employment trends in 2015 in New Jersey.  With respect to independent contractors, they write: State Court – Independent Contractors In Hargrove v. Sleepy’s LLC, 220 N.J. 289 (2015), the New Jersey Supreme Court addressed the question—submitted by the Third Circuit Court of Appeals—of “which test a…

Latest scoop from New Jersey on independent contractor misclassification may cause employers brain freeze

From Lexology — Todd Tebowitz of Baker & Hostetler writes about the five (5) different standards now used in New Jersey to determine if a worker is an employee or independent contractor under different laws.  He offers a terrific image by comparing the 5 different standards to “The Original Kitchen Sink Sundae” from an ice…