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ABC Test New Jersey

Bressler, Amery & Ross, P.C.

New Jersey’s “ABC Test” Does Not Apply to Real Estate Salespersons under the WPL

In a recent decision, the New Jersey Appellate Division held in Kennedy v. Weichert Co., No. A-0518-19, __N.J.__ (App. Div. Jan. 30, 2023) (slip. op.), that the “ABC Test” (described here) does not apply when determining...more

Fox Rothschild LLP

New Jersey Appellate Division Rules Real Estate Agents Are Not Subject To ABC Test For Independent Contractor Determinations

Fox Rothschild LLP on

The New Jersey so-called ABC test for determining independent contractor status is one of the toughest in the country and is applied in a strict manner by the New Jersey Department of Labor. But, evidently, there are...more

Littler

Open House on Classification of Commissioned Real Estate Salespeople? New Jersey Court Rules ABC Test Does Not Apply for State...

Littler on

In a recently published appellate division decision, Kennedy v. Weichert Co., a New Jersey court addressed the issue of classification of commissioned real estate salespeople as independent contractors.  The court ruled that...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] New Jersey Workers’ Compensation: Independent Contractor Status in New Jersey Workers' Compensation: Where are We...

In New Jersey, multiple tests have been applied in workers' compensation cases to determine whether a claimant is eligible for compensation as an employee or ineligible as an independent contractor including: - The...more

Cole Schotz

Establishing Independent Contractor Status Continues to Challenge New Jersey Employers

Cole Schotz on

In East Bay Drywall, LLC v. Department of Labor & Workforce Development, decided on August 2, 2022, the New Jersey Supreme Court confirmed the difficulties employers face when trying to establish independent contractor status...more

Bressler, Amery & Ross, P.C.

New Jersey Supreme Court Weighs In: Complexities of Worker Classifications for Unemployment Fund Contributions Under New Jersey’s...

On August 2, 2022, the New Jersey Supreme Court issued a ruling in E. Bay Drywall, LLC v. Dep't of Labor & Workforce Dev., __N.J.__­­­­ (Aug. 2, 2022)(slip. op.), concerning the complexities of worker classification under the...more

Bressler, Amery & Ross, P.C.

Just Trucking Along: New Jersey Federal Court Rules Truck Drivers Were Misclassified as Independent Contractors

On June 9, 2022, the New Jersey District Court in Portillo v. Nat’l Freight, Inc., 15-cv-07908, 2022 U.S. District. LEXIS 103186 (D.N.J. June 9, 2022) determined that roughly 250 drivers for trucking company National Freight,...more

Flaster Greenberg PC

No More Misclassification: New Jersey Draws the Line

Flaster Greenberg PC on

On July 8, 2021, New Jersey Governor Phil Murphy signed four bills aimed at cracking down on employers who misclassify independent contractors as employees. In a press release, the Governor’s office lauded this legislative...more

Saul Ewing LLP

New Jersey's Governor Fortifies Enforcement Measures for Employee Misclassification: Are More Penalties Really the Answer?

Saul Ewing LLP on

New Jersey’s Governor has taken aim at employee misclassification by signing into law four Bills that anoint heightened administrative powers to the New Jersey Department of Labor (“DOL”), require additional reporting...more

Bressler, Amery & Ross, P.C.

New Jersey Appellate Court holds that Owners of Single-Member LLCs Can Be Independent Contractors and not Employees for Purposes...

In a big win for employers, the New Jersey Appellate Division issued a published decision holding that single-member LLCs can be independent contractors and not employees for purposes of unemployment fund contributions ...more

Jackson Lewis P.C.

New Jersey Department Of Labor Issues Final Regulations For COVID-19 Job Protection Law

Jackson Lewis P.C. on

The New Jersey Department of Labor and Workforce Development (NJDOL) has issued final regulations related to the COVID-19 job protection act signed into law on March 20, 2020. The law generally protects employees from...more

Fox Rothschild LLP

New Jersey DOL Poster Basically Invites Workers To Claim They Are Not Independent Contractors

Fox Rothschild LLP on

The State of New Jersey (and many other states) has started to tighten up laws regarding independent contractor status. One troubling component (to management-side practitioners and employers alike) of this New Jersey...more

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