New Jersey

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.…

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.…