News & Analysis as of

Misclassification Employee Definition New Jersey

Seyfarth Shaw LLP

New Jersey Eyes Regulatory Changes to Strengthen its Statutory ABC Test and Prevent Employee Misclassification

Seyfarth Shaw LLP on

On April 3, 2025, the New Jersey Department of Labor and Workforce Development (“DOL”) filed proposed new rules codifying its interpretation of the statutory ABC test to determine whether an individual is considered an...more

Littler

New Jersey’s Declaration of No Independence? Agency Issues Proposed Regulations on the ABC Test

Littler on

On April 28, 2025, the New Jersey Department of Labor and Workforce Development (NJDOL) issued a press release announcing the publication of proposed regulations interpreting the “ABC test” used to determine whether workers...more

Fox Rothschild LLP

NJ DOL Issues Proposed Rules on ABC Test for Independent Contractors

Fox Rothschild LLP on

The New Jersey Department of Labor and Workforce Development (DOL) announced proposed regulations that purportedly clarify the so-called “ABC test” for determining whether workers should be classified as employees or...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

Sheppard Mullin Richter & Hampton LLP

New Laws Passed in New Jersey Designed to Identify and Penalize Employers Who Misclassify Employees as Independent Contractors

Since taking office, New Jersey Governor Phil Murphy has prioritized eliminating misclassification of employees as independent contractors. In furtherance of this goal, on July 8, 2021, Governor Murphy signed four bills into...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

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