News & Analysis as of

Unemployment Compensation System

Panel Creates Split in Appellate Division over 2015 Amendment to New Jersey’s Unemployment Compensation Law

by Blank Rome LLP on

A New Jersey Appellate Division panel—in Blake v. Board of Review, Dep’t of Labor, No. A-2940-15T3—held that a 2015 amendment to New Jersey’s Unemployment Compensation Law (“UCL”) does not authorize unemployment benefits to...more

Will This Term of Wisconsin’s Supreme Court Be the Last for Agency Deference in Wisconsin?

by Foley & Lardner LLP on

Justice Neil Gorsuch’s confirmation process earlier this year brought attention to the issue of agency deference, given a concurring opinion that he had written in Gutierrez-Brizuela v. Lynch, 834 F.3d 1142, 1149 (10th Cir....more

The Connecticut Supreme Court Aces Another ABC Test

This is the latest in a series of blog posts on the so-called “ABC Test,” which is used in Connecticut to determine whether a worker is an employee or an independent contractor for purposes of eligibility for unemployment...more

New Jersey’s Unemployment Compensation Act Definition Of “Simple Misconduct” Deemed Arbitrary And Capricious

New Jersey’s Unemployment Compensation Act (the “Act”) provides for three different levels of misconduct that will result in disqualification for benefits. “Simple misconduct” disqualifies employees for benefits for the week...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak - April 2017

We earlier had written on Working Together about the proposed bills that the General Assembly’s Labor and Public Employees Committee voted favorably on and advanced out of committee at its February 21, 2017 and March 2, 2017...more

March 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

The past month included significant state and federal appellate court decisions, large settlements of IC misclassification class actions, class and collective action certifications, and two IC misclassification class actions...more

Breaking: Conn. Supreme Court Clarifies ABC Test for Independent Contractors

by Shipman & Goodwin LLP on

I’m back with news of a relatively big decision today from the Connecticut Supreme Court. In the decision, the Court clarified an important question that the Connecticut Department of Labor had been pushing hard....more

Latest Developments from the Connecticut General Assembly: February 9th Public Hearing (and wage/hour bills)

On Thursday, February 9, 2017 (weather permitting), the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on the following proposed bills, many of which concern “wage and hour” issues...more

New Governor, New State Legislative Session, New Workers’ Compensation Laws?

by Collins & Lacy, P.C. on

The 122nd South Carolina General Assembly convened for its first regular session on January 10, 2017. There are a few bills proposed in the House and Senate regarding the South Carolina Workers’ Compensation Act. Some bills...more

PA Employers Must Pay Unemployment Taxes Electronically in 2017

by McNees Wallace & Nurick LLC on

The Pennsylvania Department of Labor and Industry recently announced that all employers in the Commonwealth will be required to pay their share of unemployment compensation taxes online. The new rule takes effect January 1,...more

New Law Establishes Online Unemployment Insurance and Electronic Reporting Requirements

by Ervin Cohen & Jessup LLP on

Beginning January 1, 2017, Assembly Bill 1245 requires that employers with 10 or more employees must file all unemployment insurance reports and returns using the e-file system. Also, these employers must remit contributions...more

The ABC’s Of Worker Classification Are Once Again Before The Connecticut Supreme Court

We have blogged before about the “ABC Test,” used in Connecticut to determine whether a worker is considered an employee for purposes of eligibility for unemployment compensation benefits. Most recently, my partner Michael...more

Supreme Court of Missouri Holds Veto Session Was Too Late for Senate to Take Action

This case involves an issue of first impression. The disagreement centered around the legislative intent of Article III, Section 32 of the Missouri Constitution: that is, whether all vetoed bills may be reconsidered during a...more

Employment Legislation Summary: 2016 Session - Connecticut General Assembly

by Shipman & Goodwin LLP on

In its 2016 session, the General Assembly passed a number of new laws affecting employers. Except as otherwise noted, the changes are effective October 1, 2016. The following material summarizes these new laws, but the...more

The Aftermath: Developments From The 2016 Session of The Connecticut General Assembly Affecting The Workplace

The 2016 session of the Connecticut General Assembly has just concluded, along with subsequent “special sessions.” Most prominently from an employment law standpoint, the General Assembly passed (and the Governor signed)...more

Legislative Update: Bi-weekly Payroll Periods (Without CTDOL Approval) are Here!

by Shipman & Goodwin LLP on

It’s been a long-time coming but the General Assembly finally approved of a measure that would allow employers to pay employees on a bi-weekly basis without receiving prior CTDOL approval. The provision, part of a set of...more

Governor Brown Signs Bill to Expand the Amount of Wage Replacement Available under California’s Paid Family Leave Law

by Weintraub Tobin on

On April 11, 2016, Governor Brown signed Assembly Bill (AB) 908 which amends certain provisions of California’s Unemployment Insurance Code as it relates to the State’s Paid Family Leave (PFL) program. Before explaining the...more

What’s Cooking at the General Assembly in 2016 (Part II)

by Shipman & Goodwin LLP on

So last week I provided a recap of a few of the labor & employment law bills still being kicked around the legislature. From talking with a few folks in on the process, here are some other bills to keep an eye on (whether in...more

California Governor Signs Paid Family Leave Expansion Into Law

On April 11, 2016, California Governor Jerry Brown signed legislation that will increase the wage replacement rate under the Paid Family Leave program for California workers from its current level of 55 percent to 60 or 70...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Speaks: March 2016

The General Assembly’s Labor and Public Employees Committee was active before its March 17, 2016 deadline for approving bills, voting favorably and advancing many bills out of committee....more

Employee or Independent Contractor? Connecticut Supreme Court Relaxes Burden of Proving Independent Contractor Relationships under...

by Robinson & Cole LLP on

The risk of liability for misclassifying employees as independent contractors has been high due to federal and state enforcement initiatives, information-sharing arrangements, and complex legal tests for determining whether a...more

Connecticut Supreme Court Issues Landmark Favorable Ruling for Employers on Independent Contractor Status

In Standard Oil of Connecticut, Inc. v. Administrator, Unemployment Compensation Act, a case that will have significant implications for employers in Connecticut, the state’s supreme court clarified the “ABC Test,” finding...more

Independent Contractor Ruling: A Deeper Dive

by Shipman & Goodwin LLP on

As I return from some time off, my colleagues, Gary Starr and Chris Engler, have dug a bit deeper into the Connecticut Supreme Court decision from last week and issued this alert which we have also sent to clients. A...more

The Connecticut Supreme Court Gets an “A”

There are several facets to the question of whether a person who provides services to a business is an employee or an independent contractor. This classification issue affects whether tax withholding is applied to...more

The Test for Independent Contractors and Unemployment Taxes Made Friendlier

by Shipman & Goodwin LLP on

A deeply divided Connecticut Supreme Court recently issued a long-awaited decision, Standard Oil v. Administrator, regarding who is an independent contractor. The reason this is significant is that companies that utilize the...more

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