By Neil H. Deutsch | Published August 1, 2013 | Posted in Employment Law | Tagged Tags: employee rights, FLSA, independent contractors, misclassified employee, reimburse | Comments Off on Is a Worker an Employee or Independent Contractor?
Is a Worker an Employee or Independent Contractor?
Understanding the differences between independent contractors and employees is important. Issues such as those of taxation and liability stem from the relationship between an employer and a contractor or employee. In New Jersey, the Department of Labor sets out an ABC test for determining responsibility for unemployment and hour and wage requirements. The test is Read More
Read MoreWhich Family Members Are Eligible to Take Family Leave?
Securing time off for family leave is an important part of life. Both the New Jersey Family Leave Act (NJFMLA) and the Federal Family and Medical Leave Act (FMLA) provide that covered employers must grant eligible employees time off from work in connection with birth or adoption of a child or the serious illness of Read More
Read MoreEmployment Matters that Can be Brought to Mediation
While employment cases that go to trial get a lot of press coverage, many cases that involve employment disputes are settled privately through mediation without the need for costly litigation. If you find yourself locked in a disagreement with your employer over an issue that arises in the workplace, do not hesitate to look into Read More
Read MoreEmployment Matters Where a Lawyer Can Help a High-Ranking Executive
The relationship between employers and employees has many facets. This relationship may deteriorate over time — and a high-ranking executive may have the need for legal intervention to enforce the terms and conditions of employment, or to provide protection in the pursuit of a new position. Some of the areas where a high-ranking executive may Read More
Read MoreEmployment Mediation is an Alternative to Going to Court for Employment Issues
No matter the business, disputes are bound to arise at some point. Disputes can disrupt the daily activity of the workplace and can escalate into situations that can cost employers and employees time and money to resolve. Mediation of an employment matter is a viable and often preferable alternative to resolving many business disputes and Read More
Read MoreUnderstanding Whistleblower and Qui Tam Cases
Whistleblowers are courageous. They often act as society’s canaries in a coal mine, pointing out dangerous situations whose continuance can only lead to abuse and illegal activity that harms society. Unfortunately, instead of being rewarded for their courage in pointing out misdeeds, whistleblowers may be subjected to punishment, harassment, or outright termination of employment. Depending Read More
Read MoreSome Aspects of the Family and Medical Leave Act
Most workers know that legal protections exist for those who must take a leave from their job because of major life events such as having a child or needing to care for an extremely ill family member. However, the details of how the law may apply to your particular situation can be difficult to understand. Read More
Read MoreLaws That Prevent Your Employer from Retaliating If You File a Claim
Employees often keep quiet when they are being harassed or when they observe illegal activity in the workplace because they have a strong fear of being fired or harassed in retaliation for their actions. However, it is important for employees to note that protections do exist for those who expose illegal activities such as harassment Read More
Read MoreEnforcing Your Rights under the Fair Labor Standards Act
Your employer’s actions with regard to issues such as paying you the minimum wage, overtime, and keeping records that indicate hours worked or sales commissions earned are governed by the Fair Labor Standards Act. Aggrieved employees have the right to bring an action to enforce the provisions of this law. Individual lawsuits or collective actions Read More
Read MoreDiscrimination Statistics: You Are Not Alone
Have you been discriminated against at work? If so, you are not alone. Unfortunately, despite the various laws and regulations in place to deal with the issue, discrimination remains a problem in workplaces across the country. The U.S. Equal Employment Opportunity Commission conducted a study and found the following to be true about discrimination in Read More
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