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Articles Posted in Employee Misclassification

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Department of Labor Publishes Final Rule on Employee vs. Independent Contractor Status

Numerous laws protect the rights of employees in the workplace. For those laws to apply to a particular individual, they must have an employment relationship with their employer, as defined by law. Not everyone in a workplace is necessarily an employee. Some might be independent contractors. While employees have a…

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New Jersey AG Files Misclassification Lawsuit Under 2021 Law

New Jersey employment laws strive to ensure that employees receive a minimum wage, additional payment for overtime work, and other rights. For a worker to recover damages for unlawful actions by their employer, they must demonstrate that an employment relationship exists between them and their employer. Laws that address matters…

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New Jersey Lawsuit Against Internet Company Alleges Employee Misclassification

New Jersey guarantees a minimum wage for all non-exempt employees in the state. In order for an individual to claim a right to minimum wage, they must establish that they are, legally speaking, an “employee.” Some employers try to avoid this obligation by misclassifying employees as independent contractors. This type…

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New Proposed Independent Contractor Rule Could Help New Jersey Workers

Employment laws in New Jersey and at the federal level guarantee a minimum wage and overtime pay for many employees, as well as many other protections. In order to take advantage of these legal safeguards, a worker must demonstrate that an employment relationship exists between them and their employer. The…

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Appeals Court Sets Limits on FLSA Collective Actions in New Jersey and Other States

Both federal and state employment laws in New Jersey protect employees’ rights to a minimum wage and overtime pay. While the federal Fair Labor Standards Act (FLSA) does not set the minimum wage as high as New Jersey law, it provides workers with useful enforcement tools. A worker can bring…

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New Jersey Supreme Court Rules in Employees’ Favor in Misclassification Case

New Jersey’s employment laws protect workers whose employers try to classify them as independent contractors instead of employees. Independent contractors do not enjoy the full range of safeguards offered by state law. Wage and hour laws, for example, only apply to employees. Some employers may try to misclassify employees as…

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New Jersey Judge Rules for Employee in Misclassification Lawsuit

New Jersey’s employment laws guarantee a minimum wage and overtime compensation for millions of workers. They protect employees from various forms of discrimination and harassment in the workplace. They bar employers from retaliating against workers who object to unlawful or unethical conduct. In order to enjoy the benefits of state…

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Federal Judge Reinstates Earlier Independent Contractor Rule for New Jersey Workers’ Claims Under the FLSA

State and federal laws protect New Jersey employees’ rights to minimum wage and overtime compensation. The term “employees” is important here, because these laws’ protections are not available to independent contractors. The distinction between an employee and an independent contractor has been the subject of much employment litigation, both in…

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Some New Jersey Workers Likely Impacted by Withdrawal of U.S. Department of Labor’s New Rule That Defined “Independent Contractors” Under the FLSA

New Jersey employment laws ensure that employers pay minimum wage to all non-exempt employees, as well as a greater rate of pay for overtime hours. These laws only apply to “employees.” Employee misclassification happens when an employer wrongly classifies an employee as an “independent contractor.” State law has a clear…

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Petition Seeks Supreme Court Review of FLSA Collective Actions for Workers in New Jersey and Nationwide

The Fair Labor Standards Act (FLSA) establishes a national minimum wage and sets standards for overtime compensation. While New Jersey has set a higher minimum wage than the federal rate, the FLSA still plays a critical role in many New Jersey wage and hour disputes. It allows workers to file…

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