Staffing Industry Analysts (SIA), the Global Advisor on Staffing and Workforce Solutions, reports on a million misclassification penalty: Trucking company Eagle Intermodal Inc. agreed to pay $1.25 million to New Jersey in unemployment and disability contributions after misclassifying its workers as independent contractors for more than a decade, the New Jersey Department of Labor and…
From JDSupra, Maxine Neuhauser and Michael Thompson provide a terrific summary of the new New Jersey law increasing penalties and lowering burdens for plaintiffs in wage theft cases. Maxine and Michael write: Increased Damages, Entitlement to Attorneys’ Fees and Lowered Burden of Proof Of greatest significance, the Law requires an assessment of liquidated damages of…
From JDSupra, Fox Rothschild LLP criticizes the New Jersey Department of Labor’s (DOL) determination that court reporters are employees and not independent contractors. Fox Rothschild LLP writes: 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…
From JDSupra, Mark Tabakman discusses a recent case in which the court found deductions for workers compensation were improper because the workers were misclassified as independent contractors. Mark writes: 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…
From JDSupra, Richard Reibstein discusses the report and recommendations of the New Jersey Misclassification Task Force. Richard writes: On July 9, the New Jersey Misclassification Task Force issued its first Report. The Task Force was created by an Executive Order issued by Governor Phil Murphy on May 3, 2018 and includes representatives from the Labor,…
From Lexology, Jed L. Marcus discusses two New Jersey cases which focused on whether arbitration agreements could be enforced under the Federal Arbitration Act (FAA) or the New Jersey Arbitration Act (NJAA). Jed writes: In Colon v. Strategic Delivery Solutions, LLC, Docket No. A-2378-17T4 (App. Div. June 4, 2019), the Appellate Division, in a precedential opinion…
From JDSupra, Joshua Allen, Carlyle Edwards-Balfour, and James McDonnell discuss a recent case in which transportation workers in New Jersey may have to arbitrate their claims under state law even though they might be exempt from arbitration under the Federal Arbitration Act (FAA). Joshua, Carlyle and James write: Even though the Federal Arbitration Act (FAA) exempts…
From JDSupra, Alan Levin and Richard Reibstein discuss the decision that an insurance agent was an independent contractor under the ABC test. Alan and Richard write: Judge William J. Martini of the U.S. Court for the District of New Jersey granted Northwestern Mutual’s motion for summary judgment. As to the first prong of the ABC…
From the New Jersey Law Journal, P.J. D’Annunzio discusses a case in which the court said that an insurance agent was an independent contractor under the ABC test. P.J. writes: A federal judge has dismissed a putative class action against Northwestern Mutual filed by a longtime insurance agent who claimed the company improperly classified him and…
From The National Law Review, Michael D. Thompson discusses the Third Circuit Court of Appeals decision that the Federal Aviation Administration Authorization Act does not preempt New Jersey’s ABC test for determining if a worker is an employee or independent contractor. Michael writes: In determining whether the FAAAA preempts a state law, courts consider whether the law’s…