Non-Disparagement Settlements in New Jersey, DOL's AI Guidelines, OSHA Regions Shift - Employment Law This Week®
The Supreme Court of New Jersey issued a unanimous decision May 13, clarifying how the employment status of real estate salespersons associated with brokers should be determined. James Kennedy v. Weichert Realtors holds that...more
The New Jersey Supreme Court recently held that an agreement between a real estate salesperson (i.e., a realtor) and a real estate broker designating the salesperson as an independent contractor is dispositive in determining...more
On May 13, 2024, the New Jersey Supreme Court issued its decision in a class action lawsuit known as James Kennedy, II v. Weichert Co., conclusively finding that for the purpose of determining whether a real estate...more
One of the most deceptively complex issues in New Jersey workers’ compensation is the definition of an employee. This designation is critical because only employees, as opposed to independent contractors, are eligible for...more
In New Jersey, multiple tests have been applied in workers' compensation cases to determine whether a claimant is eligible for compensation as an employee or ineligible as an independent contractor including: - The...more
In a case involving a drywall installation business, the New Jersey Supreme Court has provided helpful tips for employers to properly classify construction workers as independent contractors or employees and to accurately...more
A recent decision by the New Jersey Supreme Court makes this a good time for companies using independent contractors to review those arrangements. In East Bay Drywall v. Department of Labor & Workforce Development, the...more
On August 2, 2022, the New Jersey Supreme Court in East Bay Drywall, LLC. v. Department of Labor and Workforce Development, issued a unanimous opinion holding that workers, hired on a need and availability basis, who used...more
On August 2, 2022, the New Jersey Supreme Court handed down its decision in East Bay Drywall, LLC v. Dept. of Labor and Workforce Development, providing important insight into the classification of independent contractors by...more
On Aug. 2, 2022, a unanimous New Jersey Supreme Court in East Bay Drywall, LLC v. Department of Labor & Workforce Development issued a ruling that provides further guidance on the classification of a New Jersey worker’s...more
On August 2, 2022, the Supreme Court of New Jersey handed down a key ruling that significantly impacts how companies across the state should classify workers as independent contractors. In East Bay Drywall, LLC. v. Department...more
Prong B of the New Jersey ABC test for independent contractor status under the unemployment law requires the putative contractor to work outside of all of the “places of business” of the alleged employer. Now, the New Jersey...more
The notorious “ABC” test continues to rear its head across the nation. This strict, worker-friendly test that is used to determine whether a worker is properly classified as an independent contractor as opposed to an employee...more
Companies in the transportation industry in New Jersey can enforce arbitration agreements with employees and independent contractors under the New Jersey Arbitration Act (NJAA), the New Jersey Supreme Court has held. Arafa v....more
The New Jersey Supreme Court just ruled that state law ensures the enforceability of arbitration agreements with transportation workers despite a recent U.S. Supreme Court case that struck down such an agreement under federal...more
In 2015, there were important developments in New Jersey employment law. This newsletter examines some of those developments in ten key areas— background checks, whistleblowing, paid sick leave, wage and hour, Law Against...more
The New Jersey Supreme Court recently held that the Superior Court of New Jersey has concurrent jurisdiction with the New Jersey Division of Workers’ Compensation to adjudicate a worker’s employment status for purposes of...more
On January 14, 2015, the Supreme Court of New Jersey decided which independent contractor classification test should be used in determining a person’s employment status under the New Jersey Wage Payment Law (WPL) and Wage and...more