Sherrill's Win Locks In Worker Protections

Under the Democratic leadership of Governor Phil Murphy, New Jersey began a distinct, liberalizing shift in the application of its Workers' Compensation statute. Rather than a total systemic overhaul, the Murphy administration enacted targeted legislation that expanded coverage and lowered the burden of proof for key segments of the workforce.

Amazon's Misclassification Strips Workers' Safety Net

When a back injury should mean temporary disability benefits, but instead means choosing between rent and recovery—that's the hidden cost of worker misclassification. New Jersey's recent lawsuit against Amazon exposes how labeling employees as independent contractors strips away critical workers' compensation protections, leaving injured workers financially vulnerable during their most precarious moments.

Heat: The Silent Worker Threat

When we think about workplace heat exposure, images of construction workers under the blazing sun or farmers toiling in fields typically come to mind. However, groundbreaking new research from Harvard's T.H. Chan School of Public Health reveals a sobering truth: heat is silently increasing the risk of injury for workers across virtually every industry—including those working primarily indoors.

NJ Fights Worker Misclassification

Worker misclassification has become a significant battleground in New Jersey, with state labor officials taking increasingly aggressive action against employers who improperly classify employees as independent contractors. Recent enforcement actions demonstrate the state's commitment to protecting workers' rights and ensuring access to crucial benefits.

Luxury Car Transporter Pays $455K for Misclassifying Drivers

The State of New Jersey continues to diligently pursue violations of employment status misclassification and independent contractor relationships. 

Top Blog Posts of 2023

It has been a busy year for the Workers' Compensation blog. This blog has had over 2 million views. Here is a list of the most popular posts in 2023. 

Happy New Year!

Shameless

The New Jersey Department of Labor and Workforce Development (NJDOL) has posted the names of 14 additional businesses to its Workplace Accountability in Labor List (aka The WALL), bringing to 82 the total number of delinquent employers with outstanding liabilities for violations of state wage, benefit or tax laws.

Misclassification Lawsuit Filed by NJ Attorney General

Attorney General Matthew J. Platkin and New Jersey Department of Labor and Workforce Development (NJDOL) Commissioner Robert Asaro-Angelo announced today that they have filed the first lawsuit under a 2021 law that permits the State to file suit in New Jersey Superior Court against employers who have misclassified workers as independent contractors when they are, in fact, employees.

NJ Targets Rampant Misclassification of Drywall Workers

In its second strategic enforcement initiative, focusing on the drywall industry, the New Jersey Department of Labor and Workforce Development (NJDOL) reached a first-of-its-kind enhanced compliance agreement with Donald Drywall, L.L.C. of Lakewood after investigators found the subcontractor had committed numerous wage and hour, earned sick leave, and employee misclassification violations.

Employers Fined $1.3 Million for MIsclassification of Workers Including Failure to Have Adequate Workers' Compensation Insurance

The State of New Jersey is strictly enforcing laws that mandate a worker's employment status be properly reported and that employers provide adequate workers' compensation insurance coverage. The state has some of the strictest laws in the country and they are being enforced vigorously through a multi-agency protocol.

Uber Pays $100M Fine in NJ Driver Misclassification Case

Uber Technologies Inc. and a subsidiary have submitted a $100 million payment to the New Jersey Department of Labor and Workforce Development’s (NJDOL’s) Unemployment Trust Fund after an audit found the ride-share companies improperly classified hundreds of thousands of drivers as independent contractors, depriving them of crucial safety-net benefits such as unemployment, temporary disability, and family leave insurance, and failed to make required contributions toward unemployment, temporary disability, and workforce development.

NJDOL Uses Expanded Powers to Stop Worker Exploitation at Job Sites

In the three years since Governor Murphy signed a law expanding NJDOL’s powers to stop work on a job site when there is strong evidence workers are being exploited, the department has issued 71 stop-work orders, through which agents found nearly $1 million in back wages owed to 235 workers. 

Misclassification: 16 Workers Held to be Employees

 An employer need not control every facet of a person's responsibilities for that person to be deemed an employee.

Workers’ Compensation Benefits for Long COVID

Workers’ Compensation Benefits are available for those workers who have been exposed to COVID at work and contract disease and remain ill from Long COVID. 

Methylene Chloride Continues to be a Fatal Hazard in the Workplace

Exposure to paint strippers containing methylene chloride remains a severe health concern for workers. The Second Circuit Court of Appeals recently refused to extend the United States Environmental Protection [EPA] agency's regulations to cover methylene chloride in the commercial setting.

Social Security to be Depleted by 2033

The Social Security Board of Trustees today released its annual report on the long-term financial status of the Social Security Trust Funds. The combined asset reserves of the Old-Age and Survivors Insurance and Disability Insurance (OASI and DI) Trust Funds are projected to become depleted in 2034, one year earlier than projected last year, with 78 percent of benefits payable at that time. 

COVID Testing: What Employees and Employers Need to Know

COVID testing is taking a more prominent role as more employers have established vaccine mandates for their employees. Employees who assert either a medical waiver or religious exemption must undergo regular and observed COVID testing. 

Rules Proposed to End NJ Pension Cost Shifting

The New Jersey Department of Labor and Workforce Development [DLWD] has proposed Rules that will adopt the recommendations of  NJ State Comptroller. A February 2021 investigative report by the NJ State Comptroller raised critical issues common to other state and national collateral social insurance programs challenged by current fiscal limitations. The deadline for written comments is October 15, 2021.

NJDOL, Treasury Raid Worksite in First Joint-Enforcement Action to Combat Worker Misclassification

A team of more than 60 investigators from the New Jersey Department of Labor and Workforce Development (NJDOL) and the Department of the Treasury, supported by other state agencies, conducted an unannounced investigation of a construction site at 88 Regent Street in Jersey City in response to allegations of worker misclassification. 

OSHA issues updated guidance on protecting unvaccinated and other at-risk workers from the coronavirus

U.S. Department of Labor's Occupational Safety and Health Administration today issued updated guidance to help employers protect workers from the coronavirus. The updated guidance reflects developments in science and data, including the Centers for Disease Control and Prevention's updated COVID-19 guidance issued July 27.