States

Enforcing An Arbitration Agreement When The Federal Arbitration Act Does Not Apply 

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…

Arbitration Agreement For Company’s Transport Workers Enforceable Under New Jersey Law, Court Rules 

Map Of New Jersey 3d Shape

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…

Ninth Circuit “Cleans House” In Vazquez v. Jan-Pro Decision By Holding ABC Test Applies Retroactively And Opining On Its Effect On Franchisors

California

From Mondaq,  Christopher Wilkinson, Alexandra Stathopoulos and Carolina Garcia discuss a recent case in which the Ninth Circuit Court of Appeals said that the ABC test adopted by the California Supreme Court in Dynamex applied retroactively. They note that the court discussed prong B of the ABC test and suggested that the franchisees did not meet prong B.…

Gig economy: California bill granting employee status passes assembly

California

From The Guardian, Kari Paul reports that the California assembly passed a bill that would formalize the California Supreme Court’s adoption of the ABC test for classifying workers as employees or independent contractors. Kari writes: The state assembly in California passed legislation on Wednesday that would require employers to recognize hundreds of thousands of gig workers as…

Indiana seeks study to collect unpaid employment taxes

Indiana

From the Chicago Tribune, Craig Lyons reports on Indiana’s efforts to collect lost unemployment taxes when workers are misclassified as independent contractors. Craig writes: A legislative study committee will look at worker misclassification and how to deal with potential lost revenue to the state. A study done by the Building Trades and Construction Council estimates…

New Maryland Law Expands Harassment Claims For Employees And Independent Contractors

Maryland

From Kalijarvi, Chuzi, Newman & Fitch, P.C.,  Michael Robinson reports on a new Maryland statute that extends protections against harassment to independent contractors. Independent contractors are not protected by Title VII of the Civil rights Act of 1964 and their only recourse is state law. Michael reports that Maryland not protects independent contractors against harassment.…

Northwestern Mutual Passes ‘ABC Test,’ Defeats Suit Claiming Agents Were Misclassified

insurance agent

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…