Although developments at the federal level are getting most of the headlines, New Jersey employers should continue to monitor legislative developments coming out of Trenton since most federal law changes are not usurping or...more
7/21/2025
/ ABC Test ,
Comment Period ,
Employment Policies ,
Federal Labor Laws ,
Form I-9 ,
Immigration Procedures ,
Immigration Reform and Control Act (IRCA) ,
Independent Contractors ,
Minimum Salary ,
New Legislation ,
Non-Compete Agreements ,
Over-Time ,
Pay Transparency ,
Proposed Regulation ,
Regulatory Requirements ,
State Labor Laws ,
Wage and Hour
On January 9, 2024 the U.S. Department of Labor (DOL) released a final rule that will apply beginning March 11, 2024 in determining whether a worker can be classified as an independent contractor as opposed to an employee...more
1/25/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
Trump Administration ,
Wage and Hour
On June 13, 2023, in a 3-1 decision, the NLRB overruled its own 2019 decision in SuperShuttle DFW and returned to the test of statutory employee status in its 2014 FedEx II decision which it terms carefully calibrated. In...more
8/4/2023
/ Biden Administration ,
Darden Test ,
Employee Definition ,
Employer Liability Issues ,
Entrepreneurs ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
NLRA ,
NLRB
On July 8, 2021, Governor Phil Murphy signed three bills into law that continue to raise the stakes for employers that misclassify employees as independent contractors. With these changes, businesses that operate in New...more
On October 29, 2018 a N.J. Appellate Division panel reversed a dismissal of class action overtime pay claims brought against a freight-forwarding company that convinced the lower court that the company’s drivers and...more
11/20/2018
/ ABC Test ,
Appeals ,
Class Action ,
Contract Terms ,
Delivery Drivers ,
Dismissals ,
Employment Contract ,
Freight Forwarding ,
Independent Contractors ,
Motion to Dismiss ,
Over-Time ,
Reversal ,
Standing ,
Third-Party Service Provider ,
Wage and Hour ,
Wage Deductions
On May 3, 2018 New Jersey Governor Phil Murphy signed Executive Order No. 25 which authorizes a 12-person task force to review misclassification of workers as independent contractors in New Jersey, with a focus on the...more