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
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
On August 6, 2019, Acting Governor Sheila Oliver signed the New Jersey Wage Theft Act (WTA) into law. The law has been touted by proponents as the toughest wage theft statute in the country. Notwithstanding its name, the WTA...more
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
New Jersey employers with mandatory arbitration provisions seeking to compel the arbitration of employment disputes with their employees would be well-served to reexamine such provisions in light of recent decisions by New...more
In order to state a retaliation claim under the federal Family and Medical Leave Act (FMLA), a plaintiff must establish that his employer took an adverse employment action against him that was causally related to his FMLA...more