NJ Supreme Court Clarifies Independent Contractor Standard under State Wage Laws

Proskauer - Law and the Workplace
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Given the Court’s decision, companies who engage independent contractors in New Jersey should review their independent contractor relationships and assess whether they can withstand scrutiny under the demanding ABC test.  Such reviews should be conducted with the assistance of counsel to allow the analysis to be protected by attorney-client privilege.  Although the ABC test imposes a high standard, it is a test with which New Jersey businesses should be familiar.  As the Court noted, the test has been used to answer employment classification questions under the New Jersey Unemployment Compensation Act and the New Jersey Department of Labor had already been applying the test in the context of employment classification inquiries under the WHL.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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