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Wage and Hour › Employer Liability Issues › NJ Supreme Court

Epstein Becker & Green

New Jersey Wage Theft Act Does Not Apply Retroactively, Per the State Supreme Court

Epstein Becker & Green on

On May 15, 2024, the New Jersey Supreme Court held in Maia v. IEW Construction Group that both the six-year look-back period and liquidated damages provided by the state Wage Theft Act (WTA) do not apply retroactively....more

Seyfarth Shaw LLP

New Jersey Supreme Court Clarifies that Amendments to Wage Payment Law and Wage and Hour Law Are Prospective

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey Supreme Court held that amendments to New Jersey’s Wage and Hour Law and Wage Payment Law that increase employer wage-hour liability are not retroactive....more

Chartwell Law

New Jersey Supreme Court Clarifies Definition of "Employee"

Chartwell Law on

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

McCarter & English, LLP

New Jersey Supreme Court Ruling Means Employers Should Reassess and Document Independent Contractor Relationships

McCarter & English, LLP on

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

Genova Burns LLC

ABC Is Not As Easy as 1-2-3: NJ Supreme Court Issues Independent Business Misclassification Decision

Genova Burns LLC on

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

Greenbaum, Rowe, Smith & Davis LLP

NJ Supreme Court Addresses Worker Classification and Independent Contractor Status Under ABC Test

Greenbaum, Rowe, Smith & Davis LLP on

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

Lowenstein Sandler LLP

Worker Classification Continues to Be Hot-Button Issue

Lowenstein Sandler LLP on

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

Littler

New Jersey High Court Says Separate Corporate Structure Not Enough to Establish Independent Contractor Status

Littler on

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

Seyfarth Shaw LLP

New Jersey Supreme Court Clarifies Good Faith Defense to Wage & Hour Claims

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey Supreme Court recently clarified the standard an employer must meet to successfully assert a good faith defense to wage and hour claims....more

Sheppard Mullin Richter & Hampton LLP

Supreme Court of New Jersey Rules on Test for Independent Contractors

Sheppard Mullin Richter & Hampton LLP on

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

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