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November 2019 Archives

SB 4204: Changing the Way Independent Contractors Can Work In New Jersey.

Making it harder to use or be an independent contractor in New Jersey.

Senate Bill 4204, that changes the standard for how New Jersey will classify independent contractors, is barreling towards the finish line. This Bill, sponsored by Senator Sweeney, moves the classification analysis away from the "ABC" test that has been in place for decades. This Bill is modeled after one signed into law in California.

COMPLIANCE TIPS: Employee Classification

In May 2018, NJ Gov. Phil Murphy established a Task Force on Employee Misclassification focused on ensuring that employees are properly classified as W-2 wage earners rather than 1099 independent contractors. The Task Force enforces the ABC test set forth in Hargrove v. Sleepy's, which presumes a worker to be a W-2 employee unless the employer can demonstrate the independence of the worker in performing the essential functions of the job, that the worker serves other masters, and is regularly engaged in an independently established trade, occupation, profession or business.

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