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 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
Read MoreProving a Hostile Workplace Discrimination Claim
The workplace is supposed to be a professional and safe environment where people can do their jobs without interference. Unfortunately, some people bring discriminatory attitudes and behaviors to work, to the annoyance of subordinates or co-workers. In New Jersey, if the conduct is sufficiently severe or pervasive, it can create a hostile work environment, which Read More
Read MoreNew Jersey Legislators Considering Significant Changes to the Law on Non-compete Agreements
Non-compete agreements are promises by employees not to compete with their employer during their tenure at the company and for some time thereafter. These contracts are subject to certain legal restrictions, so that former employees aren’t unfairly prevented from taking a new position. Overbroad restrictions also impede economic development by encouraging skilled labor to seek Read More
Read MoreLegislation Authorizes Paid Sick Leave for Workers Suffering from Coronavirus
New legislation passed in response to the COVID-19 pandemic allows certain workers to receive paid sick leave even if their employer previously did not provide it. In March, the federal government enacted the Families First Coronavirus Response Act (FFCRA). This law assists employers that give their employees paid time off while suffering the effects of Read More
Read MoreEligibility for Unemployment Benefits When Job Loss Is Due to Coronavirus
The Coronavirus Aid, Relief, and Economic Security (CARES) Act, passed by the federal government and signed into law on March 30, authorizes expanded unemployment benefits for Americans. Due to the major economic crisis triggered by the COVID-19 pandemic, there are several distinctions from the traditional programs that states use to support employees who have been Read More
Read MoreSAFE Act: Employee Rights for Domestic Violence Victims
The legal and personal issues that go along with being a victim of domestic violence can be overwhelming. As a result, many victims find that their work lives suffer while they are recovering from the trauma of domestic violence. To address this issue, New Jersey lawmakers passed the Security and Financial Empowerment (SAFE) Act to Read More
Read MoreOvertime Laws and Nontraditional Work Schedules
The rules regarding overtime pay are fairly straightforward for the vast majority of employees in New Jersey. The general rule is that workers must receive 150 percent of their normal wage for every hour worked in excess of 40 per week. But there are several occupations to which exceptions apply, and vocations that demand nontraditional Read More
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Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…
Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigation such as discrimination, retaliation and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for his clients, including a $525,000 jury verdict in a sexual…
Michael K. Fortunato is a Partner at Deutsch Atkins & Kleinfeldt, P.C. His practice focuses on employment litigation and counseling for employees and executives, including matters involving discrimination, retaliation, harassment, wrongful termination, whistleblower claims, severance negotiations, employment agreements, and restrictive covenants. Michael represents clients in litigation and administrative proceedings involving state and federal employment laws…
Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…
