08.08.2023NJDOL Issues Proposed Regulations Implementing N.J. Temporary Workers Bill of Rights ActOn July 21, 2023 the N.J. Department of Labor and Workforce Development (Department) issued long-awaited guidance regarding the Temporary Workers Bill of Rights Act. Certain provisions of the Act took effect on August 5, 2023. These regulations address Sections 1 through 7, and Section 10 of the Act only and are not technically binding on employers and temporary help service firms (THSFs) now since they are in their proposed form and the Department is accepting public comments through October 20; however, they provide additional guidance for employers and THSFs who are trying to comply with the provisions of the Act.
08.10.2022ABC Is Not As Easy as 1-2-3: NJ Supreme Court Issues Independent Business Misclassification Decision On August 2, 2022, the New Jersey Supreme Court in East Bay Drywall, LLC. v. Department of Labor and Workforce Development, issued a unanimous opinion holding that workers, hired on a need and availability basis, who used their own equipment and provided certificates of insurance and business entity registration information, were employees of a drywall installation business and not independent contractors as the company claimed. The Court also held that whether or not the workers could “join the ranks of the unemployed” when the relationship with the company ends directly impacts independent contractor status in New Jersey.
09.29.2020Federal Court in Manhattan Vacates Key Part of USDOL’S Final Rule on Joint Employer StatusOn September 8, 2020 U.S. District Court Judge Gregory H. Woods in Manhattan granted partial summary judgment to 17 states and the District of Columbia striking down a major part of the Department of Labor’s Final Rule on vertical joint employer relationships.
09.29.2020The End of the Beginning, or the Beginning of the End?On August 10, 2020, a California judge ordered Uber Technologies, Inc. and Lyft Inc., to reclassify their drivers from independent contractors to employees by August 20, 2020.
04.22.2020New Jersey Gives Employers Struggling with the COVID-19 Pandemic a Temporary Break: Delay and Changes to the Amended New Jersey WARN Act In response to growing concerns of employers due to the COVID-19 pandemic, on April 14, 2020, Governor Phil Murphy signed into law new legislation which provides two significant changes to the Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN). Pursuant to the January 21st changes, initially scheduled to become effective on July 19, 2020, employers will be required to provide longer notice periods and mandatory severance pay in connection with a large layoff or facility closure.
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