On the heels of New Jersey releasing new regulations to determine whether a worker is an employee or an independent contractor, some New Jersey litigators are saying the new guidelines leave unanswered questions.
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This article dissects the statute's text, legislative intent, and key case law, most notably the New Jersey Supreme Court's decision in Savage v. Township of Neptune, 257 N.J. 204 (2024), to assess how these principles are being applied in practice and to offer updated drafting guidance.
“The court might have avoided a hearing—and Mr. Mott might have avoided monetary sanctions—had he promptly conducted a thorough inquiry and provided the court with a holistic and accurate representation of the facts the first time he was ordered to do so,” the federal judge said.
“Through close collaboration with the New Jersey Department of Labor and Workforce Development, we secured a resolution that holds PDX accountable for its...
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