New Jersey

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…

The ABC Test Determines Independent Contractor Status Under the New Jersey Wage Payment and Wage Hour Laws | Wage and Hour Defense Blog

randstad abc test infographic

From the Wage & Hour Defense Blog — Michael D. Thompson describes the background leading to the the New Jersey Supreme Court’s determination that New Jersey wage and hour claims should consider the ABC test in deciding whether a worker was an employee or independent contractor.  He writes: “[C]ompanies defending their independent contractor classifications in…

New Year’s resolutions for your business

new years resolution worker misclassfication

From NYBIZ — Louis Pashman and Joseph Goldman offer five New Years resolutions for business owners including discussing business succession planing, board of directors, residential mortgages, estate and gift tax planning and, of course, the classification of workers as employees or independent contractors.  They write: “Worker Misclassification. Despite the widespread use of independent contractors and…

Appellate Division Finds That Horse Trainer Was An Independent Contractor, Not Employee Of The Horse Owner

horse

From WorkersCompensation.com — A horse owner and trainer was hurt when he slipped and fell on a patch of ice.  He filed a workers compensation claim against the stable claiming he was an employee.  The judge agreed with the horse trainer but the Appellate Division determined that he was an independent contractor. “The court noted…

New Jersey’s Independent Contractor Rule

Map Of New Jersey 3d Shape

From Construction Law Musings – Richmond, VA — “A Principal Is Generally Not Culpable For The Wrongful Conduct Of Its Independent Contractors. It is well settled law in New Jersey that one who hires independent contractors is not liable for the wrongful conduct of those contractors in the performance of their duties and services. Bahrle v.…