Articles Tagged with independent contractor

Working Through Independent Business Not Enough to Make Employees into Independent Contractors

August 3, 2022 | by Jonathan I. Nirenberg

Yesterday, the New Jersey Supreme Court clarified the “ABC test” used to determine if a worker is an employee or an independent contractor. Specifically, it made it clear that just because someone works through their business is not enough to make them an independent contractor.

The case began with a random audit by the New Jersey Department of Labor (“DOL”). The DOL found 16 employees had been misclassified as independent contractors. On appeal, East Bay Drywall (“East Bay”) contested that 11 of them were employees.

The ABC test applies to determine if a worker is an employee or an independent contractor for purpose of several specific laws, including New Jersey’s unemployment compensation law, Wage Payment Act, Wage and Hour Law. Under it, a worker is an employee unless the company he or she worked proves all three of the following:

Exotic Dancer Can Bring Overtime Claim in Court Despite Arbitration Agreement

September 14, 2017 | by Jonathan I. Nirenberg

In a recent ruling, the Third Circuit Court of Appeals concluded that an arbitration agreement did not prohibit an exotic dancer from pursuing her overtime and minimum wage claims in court.

Alissa Moon worked at the Breathless Men’s Club, which is in Rahway, New Jersey. The Club treated her as an independent contractor, rather than an employee. In fact, she had to agree to rent space from the Club where she could perform, and signed an “Independent Dancer Rental Agreement” which expressly states that she is an independent contractor.

That agreement also includes the following arbitration provision: