Archive for the 'Employee Classification' Category

Managing NJ Dept. of Labor Audits

January 23rd, 2017

Managing and Avoiding NJ Dept. of Labor (DOL) audits presentation will cover Wage & Hour and Independent Contractor vs Employee audits

Sleepy’s Wage and Hour Case Goes to NJ Supreme Court

September 13th, 2013

The New Jersey Supreme Court has agreed to rule on a case that will have a broad impact on NJ businesses and workers. In Hargrove v. Sleepy’s, Plaintiffs Sam Hargrove, Andre Hall and Marco Eusebio accused Sleepy’s of using an “Independent Driver Agreement” as a ruse to avoid paying them employee benefits. The case was initially dismissed by U.S. District Judge Peter Sheridan in March 2012, as he applied the common-law “right to control” test. This test focuses on how much control the employer has of the workers. In this case, the plaintiffs drove for several other companies in addition to Sleepy’s, and maintained their own trucks, paying for gas, tolls, tickets and repairs. This bolstered the argument that they were in fact independent contractors.

On appeal, the National Employment Law Project, a New York non-profit workers advocacy group, contended that the “right to control” test shouldn’t be a determining factor. They reasoned that the New Jersey statutes at issue- the Wage Payment Law and the Wage and Hour Law- define “employee” more broadly than common law.

Employee Vs. Independent Contractor Status is Focus of New IRS Template

May 13th, 2012

Independent Contractor vs Employee Status is focus of new IRS Brochure

States Conforming to IRS Employee Classification Amnesty

November 1st, 2011

IRS Employee Classification Settlement Program raises concerns over the states’ reactions. Several states are conforming.

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