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The Misclassification Conundrum: US DOL Attempts to Bring Clarity and Predictability to the Economic Reality Test, but Should Companies Rely Upon It?

USA - January 12 2021 Determining who is an employee seems like a simple concept, but actually requires a complex analysis that varies depending on the applicable state…

Melissa M. Castillo, Jeffrey D. Mokotoff.

New Jersey Governor Issues New COVID-19 Mitigation Protocols

USA - October 29 2020 Yesterday, New Jersey Governor Phil Murphy issued Executive Order 192 (“EO 192”), creating additional COVID-19 mitigation protocols for New Jersey…

Keya C. Denner.

New Jersey Governor Orders All Non-Essential Retail Operations Closed Indefinitely; All Employers to Limit On-Site Workers and Allow Remote Work to Maximum Extent Possible

USA - March 22 2020 On March 21, 2020, New Jersey Governor Philip J. Murphy issued additional restrictions on New Jersey businesses in an effort to combat the spread of…

Keya C. Denner, Mark A. Saloman.

The Gig is Up - New Jersey Misclassification Laws Create Extreme Risk for Anyone Utilizing Independent Contractors

USA - January 21 2020 Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the State’s Department…

David S. Kim.

Third Circuit Limits Ability to Certify Wage/Hour Class Actions - Making "Off-the-Clock" Matters Difficult to Certify and Likely Increasing Litigation of Wage/Hour Claims Against New Jersey Employers in State Courts

USA - January 8 2020 On Christmas Eve, the Third Circuit issued a decision restricting certification of wage/hour classes for off-the-clock cases and increasing the…