Employee or Independent Contractor?

N.J. sick leave law alters criteria for contractor status

 

From CCJDigital.comJill Dunn reports that the New Jersey Department of Labor and Workforce Development proposes making the ABC test the test for determining if a worker is eligible for paid sick leave. The Department will have a hearing on November 13. Jill writes:

New Jersey wants to only use the so-called ABC test to determine employment status under a newly mandated paid sick leave — and after adopting stricter criteria for classifying independent contractors for unemployment compensation.

Beginning Oct. 29, the law will impact nearly every worker compensated for services in New Jersey, including those who are part-time or seasonal. It will require employers of every size and even temporary agencies to provide one hour of sick leave for every 30 hours worked, with an annual cap of 40 hours. Permitted use of this time includes caring for their family’s health and attending a child’s school event.

Motor carriers often dislike the ABC test, used for New Jersey’s Unemployment Compensation Law and in some form in several states. It first gauges an individual’s freedom in control over performing his or her work. Secondly, it examines if that work occurred outside the usual course of the business where the service was performed. Lastly it considers if the worker is in an independently established trade, occupation or business.

On Sept. 13, the New Jersey Department of Labor and Workforce Development proposed making it the only classification tool for determining if a worker is eligible for paid sick leave. The agency will hold a hearing on the plan at its Trenton headquarters Nov. 13 and is accepting written comment until Dec. 14.

Read the full story at N.J. sick leave law alters criteria for contractor status

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