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 Enforces Laws Against Worker Exploitation

In the four years since Governor Murphy expanded the New Jersey Department of Labor and Workforce Development's (NJDOL) powers in 2019 to halt work on job sites when there is strong evidence of worker exploitation, over 110 stop-work orders have been issued and more than $2.7 million in back wages owed to affected workers, liquidated damages, and penalties have been assessed. 

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.

NJ Industry Groups Challenge The Temporary Workers’ Rights Law

In February 2023, New Jersey Governor Phil Murphy signed a new law that would give temporary workers in the state more protections.

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.

Time to Boot Up a Computer Held to be Working

The Ninth Circuit Court of Appeals reversed the district court’s summary judgment in favor of defendant Customer Connexx LLC and remanded for further proceedings in a collective action brought under the Fair Labor Standards Act by call center workers.

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. 

NJ Landscaper Ordered by Federal Court to Pay $400K in Back Wages and Damages to 32 Workers.

A federal court has approved a consent judgment ordering a Succasunna landscaping company and its owner to pay $400,000 in back wages and damages after the U.S. Department of Labor found the employer denied 32 of its workers the overtime pay they earned.

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. 

NJ Enacts Legislation to Protect New Jersey Workers, Employers From Unlawful Misclassification

Building on his commitment to making sure that workers and employers in New Jersey are treated fairly, Governor Phil Murphy today signed a four-bill legislative package furthering state efforts to stop employee misclassification. 

NJ Governor Murphy Signs Legislation and Executive Order Ending COVID-19 Public Health Emergency

With all COVID-19 capacity restrictions on businesses and gathering limits having been lifted due to the continued improvement of New Jersey’s public health metrics, Governor Phil Murphy today signed legislation (A5820/S3866) enabling the end of the COVID-19 Public Health Emergency that has been in place since March 9, 2020. Immediately following the signing of the legislation, Governor Murphy signed Executive Order No. 244, ending the COVID-19 Public Health Emergency. Under the legislation, the majority of executive orders issued pursuant to the Public Health Emergency will expire 30 days from today.

US Department Of Labor Announces Proposals To Rescind Two Rules That Undermine Worker Protections Against Unfair Pay Practices

The U.S. Department of Labor today announced proposals to rescind two final rules that would significantly weaken protections afforded to American workers under the Fair Labor Standards Act.

CDC Is Seeking Occupational Health Partners to Vaccinate

The Centers for Disease Control and Prevention (CDC) is seeking the participation of occupational health partners to vaccinate essential workers. This action will encourage employers and workers’ compensation insurance companies to assist in vaccinating essential workers.

NJ Supreme Court Rules Truck Drivers Entitled to Overtime Pay

Plaintiff Elmer Branch brought a putative class action against his employer, defendant Cream-O-Land Dairy, on behalf of himself and similarly situated truck drivers employed by defendant, for payment of overtime wages pursuant to the New Jersey Wage and Hour Law (WHL). In this appeal, the Court considers whether defendant could assert a defense to the action under N.J.S.A. 34:11-56a25.2 based on its good-faith reliance on certain determinations by employees of the Department of Labor and Workforce Development (Department) that defendant is a “trucking industry employer.”

When is an off-regular-hours activity not in the course of the employment?

The NJ Supreme Court is deliberating on the issue of whether an an employee should receive workers’ compensation if an injured occurred at an off-regular-hours event. The issue presented to the Court was whether an employee is entitled to benefits under the Workers’ Compensation Act, specifically N.J.S.A. 34:15-7, for injuries that occurred while she was volunteering at her employer’s “Family Fun Day” event?

US DOL Proposes New Rule Defining Independent Contractor Status

The U.S. Department of Labor today announced a proposed rule clarifying the definition of employee under the Fair Labor Standards Act (FLSA) as it relates to independent contractors.

Restoring Overtime

Members of Make the Road New Jersey, the immigrant and workers’ rights organization, delivered 500 letters from New Jersey workers to Gov. Phil Murphy today, urging him to take action to restore overtime rights for thousands of New Jersey workers.

NJ Governor Murphy Signs Sweeping Legislative Package to Combat Worker Misclassification and Exploitation

Acting on his commitment to support and uplift New Jersey workers, Governor Phil Murphy today signed a legislative package combatting worker misclassification and exploitation. The bills will crack down on employee misclassification in businesses by allowing stop-work orders against employers violating state wage, benefit, and tax law; providing assessment of penalties for violations in connection with misclassification of employees; and requiring employers to post a notice for their employees regarding employee misclassification, among others.

Employment Status: NCAA Division 1 Player Not an Employee

The 9th Circuit Court of Appeals affirmed the district court’s dismissal of a Division I college football player’s claim that he was an employee of the National Collegiate Athletic Association and the PAC-12 Conference within the meaning of the Fair Labor Standards Act and California labor law and thus entitled to minimum wage and overtime pay.