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Strong Class Certification Decision from NJ Appellate Division
March 6, 2020The New Jersey Appellate Division has issued a strong published decision in the case of Ellen Baskin v. P.C. Richard & Son, LLC. The opinion by Judge Firko, sitting with Judges Yannotti and Hoffman, clarified and strengthened “superiority” and “predominance” requirements for class certification – affirming the trial court’s order finding plaintiffs had failed to More »
Read More »What exactly is the problem with S863?
February 21, 2020Do you understand what S863 would do? Have legislators tried to reassure you that the legislation would just “codify existing regulations”? Suggested that anyone with a problem under S863 is already out of compliance with the law? You are right to be concerned. The proposed legislation would codify a disputed agency Interpretation of the existing More »
Read More »Independent Contractor Update: “Portable Benefits” Legislation Released from Senate Labor, with Amendments
February 14, 2020Senator Singleton’s S943 was amended in the Senate Labor Committee this week and released from the committee. It has been second-referenced to Senate Budget for further discussion. The legislation does not affect the classification standards of independent contractors. Rather, it would create an alternative mechanism for delivering benefits for independent contractors who provide services to More »
Read More »Independent Contractors: The Problems with Exiting Law and How S863 makes it…Worse.
February 12, 2020The Lame Duck session ended without legislation targeting independent contractors arriving on the governor’s desk. However, the legislation has been reintroduced in the same form as it was when released from its second Senate Labor Committee meeting, now as S863. The independent contractor coalition has been working towards a legislative solution that would clarify and More »
Read More »New Anti-Arbitration Legislation Introduced for 2020 Legislative Session
February 7, 2020Senator Ruiz has introduced new legislation designed to interfere with the terms of standard consumer contracts. S1152 would create a rebuttable presumption that various contractual terms are “substantively unconscionable” when included in standard form consumer contracts. Increasing the risk and litigation expense on arbitration is probably the primary objective of the legislation. But the legislation More »
Read More »Scheduling Legislation introduced in the Senate: Fair Work Week Act seeks to regulate when and how employers schedule workers
January 31, 2020Senate Majority Leader Loretta Weinberg (D-Bergen) has introduced Senate Bill 921 dubbed, The New Jersey Fair Work Week Act. The bill regulates how business with 250 or more employees schedule their workers. The bill would require an employee to provide a written request of his or her preferred schedule, upon hire. It would similarly require the employer More »
Read More »Most Lame Duck Anti-Business Legislation Signed by Gov Murphy
January 24, 2020The clock on the prolifically anti-business 2019 lame duck session finally ran out this past Tuesday. And as expected, Governor Murphy signed most of the legislation that had arrived on his desk. There was one pleasant surprise. Assemblyman Zwicker’s legislation concerning “payment of independent contractors” was pocket vetoed and has not (yet) been reintroduced. This More »
Read More »New Legislative Session Begins: Independent Contractor Legislation Reintroduced
January 17, 2020The Lame Duck session also ended without legislation targeting independent contractors arriving on the governor’s desk. It was a great victory for all our allies in the Coalition – especially the freelancers themselves – who called and emailed and even drove to Trenton to testify against legislation that would interfere with their very livelihood. However, More »
Read More »Lame Duck Comes to an End, and So Does Bad Faith
January 17, 2020Despite last-minute changes in the Assembly Financial Institutions Committee to narrow the legislation, A4293 was pulled from the board list on the last day of Lame Duck. It was an impressive victory for our friends at ICNJ and the rest of our allies who spent much of this past legislative session, consistently making the case More »
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