By: Cristina N. Hyde, J.D. As of today, employers shall be guided by updated regulations defining the type of compensation that one may include, or one must exclude, within regular rate of pay calculations. Recognizing that the existing guidance under the Fair Labor Standards Act (FLSA), 29 USC 201 et al., remained relatively stagnant for…
Tag Archives: BusinessLaw
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UPDATE: Misclassification bill will not limit independent contractor status as significantly as first suggested; good news for small businesses, independent contractors and freelancers in NJ
By: Cristina N. Hyde, J.D. Last month, our office acknowledged that some problematic amendments accompanied the efforts to codify New Jersey’s “ABC” test which businesses currently use to differentiate among employees and independent contractors. You can read about the originally proposed changes to Senate Bill No. 4204 here. While continuing to maintain focus on workers’…
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NJ Senate Bill No. 4204: Amendments to ABC Test Could Prove Problematic to Independent Contractor Status
By: Cristina N. Hyde, J.D. In January 2015, the New Jersey Supreme Court held that the “ABC” test derived from the New Jersey Unemployment Compensation Act, N.J.S.A. 43:21-19(i)(6), should be adopted to differentiate among employees and independent contractors for the purposes of the New Jersey Wage Payment Law and the New Jersey Wage and Hour…