Employee or Independent Contractor?

New Jersey Issues a New Posting Concerning Worker Misclassification

From JDSupra, Alison Andolena and Michael Grosso report that the New Jersey Department of Labor has published the notice required by recent legislation. Alison and Michael write:

Earlier this year, Governor Murphy signed a package of legislation aimed at tightening worker misclassification enforcement in New Jersey.  One of these new measures, Assembly Bill 5843, established a new posting requirement for employers. The law directs employers to conspicuously post notices explaining: (1) the bar on employers’ misclassifying workers as independent contractors; (2) the state definition on whether a worker is an employee or independent contractor; (3) what benefits and rights employees have under state law, (4) New Jersey remedies for workers who are misclassified; and (5) contact information to report misclassification complaints. The New Jersey Department of Labor and Workforce Development has recently published the required posting in two different sizes (11 x 17 and 8.5 x 11).

Employers must conspicuously post this document “in a place or places accessible to all employees in each of the employer’s workplaces.”  An employer failing to display the required posting may be found guilty of a disorderly persons offense and subject to fines between $100 and $1,000.

Source: New Jersey Issues a New Posting Concerning Worker Misclassification | Littler – JDSupra

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