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On July 2, 2021, New Jersey's Appellate Court upheld a ruling in Kennedy v. Weichert finding that the State's ABC Test for deciding workers' employment status applies to classification disputes made under New Jersey's Wage Payment Law ("WPL"). The Court's ruling comes just days before a flurry of...

New Jersey’s Governor has taken aim at employee misclassification by signing into law four Bills that anoint heightened administrative powers to the New Jersey Department of Labor (“DOL”), require additional reporting requirements, and amend the New Jersey Insurance Fraud Act (“NJIFA”) to allow for...

Earlier this year, the Trump Department of Labor issued a new rule regarding how to classify workers as either employees or independent contractors under the Fair Labor Standards Act. In May, the Biden DOL revoked this proposed rule and confirmed its position that worker classification under the...

Uber drivers are "independent contractors" and not "employees" under the National Labor Relations Act ("NLRA"), according to an Advice Memorandum issued on May 14, 2019, by the Office of the General Counsel ("OGC") of the National Labor Relations Board ("NLRB"). Acknowledging the virtually...

In an opinion letter released on April 29, 2019 the Department of Labor Wage and Hour Division (WHD) provided guidance on the standards for establishing an employment relationship in today's modern gig economy. In doing so, the WHD took a narrow view, and found that digital platforms that connect...

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