By Bruce Atkins | Published December 30, 2022 | Posted in Employment Law | Tagged Tags: ABC test, independent contractors | Comments Off on What Is the ABC Test for Classifying a Worker as an Independent Contractor?
What Is the ABC Test for Classifying a Worker as an Independent Contractor?
The difference between an independent contract and an employee is a major point of friction in employment law. Companies often misclassify workers as independent contractors, either intentionally or by mistake. When done intentionally, it’s usually an effort to save money by not having to pay for a worker’s health insurance and other benefits and not Read More
Read MorePending New Jersey Bill Aims to End Discrimination Against Temporary Workers
New Jersey’s warehouse and e-commerce sectors are booming but the growth depends in large part on the state’s 125,000-plus temp workers, who are disproportionately Black and Latino, and who are routinely paid less than permanent workers. State lawmakers are working on a bill called The Temporary Workers’ Bill of Rights to extend equal rights to Read More
Read MoreNJ Employers May Not Discriminate Against Recreational Marijuana Users
The New Jersey statute legalizing marijuana use also prohibits employers from discriminating against employees found to have cannabis in their systems.
Read MoreEmployee’s Retaliation Claim Can Survive Reversal of Discrimination Award
When a retaliation claim is linked to the discrimination case, the proof the plaintiff needs to establish in the two cases is often intertwined. But in New Jersey, the claims are nonetheless distinct and are not codependent.
Read MoreMandatory Arbitration Clauses Are No Longer Enforceable in Sexual Harassment Claims
Although mandatory arbitration clauses are generally upheld by the courts, a federal law provides that these clauses do not apply to sexual harassment or sexual assault claims.
Read MoreNew Jersey Extends Age Discrimination Protection to Employees Over 70
New Jersey has expanded its law prohibiting discrimination against older workers, removing the upper age limit for an employee to be covered.
Read MoreWays to Protect Yourself if You Believe You’re Being Sexually Harassed
New Jersey’s Law Against Discrimination (NJLAD) prohibits sexual harassment in the workplace. You are protected whether you are a full- or part-time employee, an intern or a volunteer. Yet, workers across the state are still subjected to harassment, whether through direct action or through tolerance of a hostile workplace. If you believe you are a Read More
Read MoreProposed NJ Law Would Ban Employment Discrimination Based on Height and Weight
A New Jersey state senator in June introduced a bill that would make it illegal for employers to discriminate against someone because of their body size or shape. The measure, Senate Bill 2741, would expand the New Jersey Law Against Discrimination (NJLAD) to include height and weight as protected characteristics. If the bill becomes law, Read More
Read MoreU.S. High Court Rules Arbitration Clause Waived by Employer’s Delay in Opting to Enforce It
Arbitration provisions in employment agreements require employees to have their disputes decided by private judges, usually of the employer’s own choosing, rather than go to court. Employers generally benefit from these clauses. But the U.S. Supreme Court has now ruled that an employer might waive its right to compel arbitration by not making a timely Read More
Read MoreNJ Appeals Court Upholds Non-Disparagement Clauses in Employment Contracts
A recent decision by a New Jersey appeals court upholds the enforceability of contract provisions that forbid employers or employees from disparaging or impugning each other’s reputation. The ruling is notable because the court distinguished non-disparagement clauses from nondisclosure agreements (NDAs), which in many cases are unenforceable against employees or former employees under NJ law. Read More
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