Ryan Warden

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Latest Posts › Independent Contractors

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New Jersey Department of Labor Issues Mandatory Misclassification Poster

In January of this year, New Jersey enacted a package of laws designed to root out and punish misclassification of employees as independent contractors. One of those laws, N.J.S.A. 34:1A-1.19, which went into effect on April...more

6/9/2020 / Employer Liability Issues , Independent Contractors , Misclassification , Posting Requirements , State Labor Laws , Wage and Hour

New Jersey Resumes Efforts to Amend ABC Test for Independent Contractor Status, Passes Slate of Laws Targeting Misclassification

The State of New Jersey kicked off this year the same way it closed out the last - with an assault on New Jersey businesses. After a year of unprecedented change - one which saw the passage of significant amendments to New...more

1/23/2020 / ABC Test , Employee Definition , Employer Liability Issues , Independent Contractors , Misclassification , Pending Legislation , Proposed Amendments , State Labor Laws , Wage and Hour , Wage Theft

Third Circuit Rules That FAAAA Does Not Preempt New Jersey’s ABC Test for Determining Independent Contractor Status

On January 29, 2019, the Third Circuit Court of Appeals concluded that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt New Jersey’s ABC test for determining whether a worker is an...more

2/12/2019 / ABC Test , Appeals , Delivery Drivers , Drivers , Employer Liability Issues , Federal Aviation Administration Authorization Act of 1994 (FAAAA) , Independent Contractors , Preemption

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