From FreightWaves, Chad Prevost discusses changes to the regulations issued by the New Jersey Department of Labor and Workforce that mean that owner-operators must satisfy the ABC test instead of the common law test to be exempt from New Jersey unemployment taxes. Chad writes: Yesterday, the New Jersey Department of Labor and Workforce Development published notice…
From JDSupra, Jason Silver and Howard Wexler report on the cooperation agreement signed by the United States Department of Labor (DOL) and the state of New Jersey that provides that they will work together to investigate claims of misclassification. They write: The cooperation agreement comes three months after Governor Phil Murphy signed an Executive Order establishing the…
From WBGO, Phil Gregory reports on a bill in the New Jersey legislature that would protect freelancers, along the lines of the Freelancing Isn’t Free Act (FIFA) adopted by New York City. Phil writes: Assemblyman Andrew Zwicker says his bill would require businesses that have a written contract with a freelance worker to compensate…
From JDSupra, Mark Tabakman discusses his experience applying the ABC test in New Jersey. Since California adopted the ABC in recent decision, many commentators have focused on Part B -whether the work is done outside the usual course of business. Mark’s experience is that Part C – whether the worker is an independent business — is…
From JDSupra, Patrick McGovern reports on a new commission to investigate misclassification in the construction industry. Patrick writes: On May 3, 2018 New Jersey Governor Phil Murphy signed Executive Order No. 25 which authorizes a 12-person task force to review misclassification of workers as independent contractors in New Jersey, with a focus on the construction industry. …
From Law360, Jeannie O’Sullivan discusses proposed legislation in New Jersey that would provide basic protections for freelancers similar to the Freelance Isn’t Free Act in New York City. Jeannie writes: Attorneys are among the professionals exempted from a proposal advanced by New Jersey lawmakers Monday that establishes protections for freelancers, such as timely payment assurance…
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…
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…
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…
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…