New Jersey

Sole Proprietors and Self-Employed Workers Show Strong Gains Statewide – NJ Spotlight

From NJ Spotlight — “The recovery of New Jersey’s economy may continue to be slow, but one sector — the self-employed and other businesses without paid employees — has been steadily increasing, according to data from the U.S. Census Bureau. Statistics released last spring for nonemployer businesses like a CPA or a freelance writer show that both the…

NJ relies on ABC Test to determine if a Worker is an Employee or Independent Contractor

From WestlawNext (subscription required) —  The Superior Court of New Jersey, Appellate Division said “The Unemployment Compensation Law (UCL), N.J.S.A. 43:21–1 to –71, provides that employment is “service performed on or after January 1, 1972 … for remuneration or under any contract of hire, written or oral, express or implied.” N.J.S.A. 43:21–19(i)(1)(A). The UCL has been interpreted…

Can Your Independent Contractors be Deemed to be Employees?

From The National Law Review — “New Jersey courts have consistently found that independent contractors are not deemed employees under the LAD, and are therefore not entitled to its protections. When courts must determine whether a claimant is an employee or an independent contractor, they generally consider factors set forth under New Jersey case law (Pukowsky v.…