X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Uber car

The Legislature is considering bills to expand the definition of “employee” to extend minimum-wage, unemployment and other benefits to many individuals who otherwise would be deemed freelance workers. S-4204 and its Assembly counterpart, A-5936, remove one of the exceptions from New Jersey’s long-standing “ABC” test established by N.J.S.A. 43:21-19(i)(6)(A)-(C) to distinguish employee from independent contractors. Under the test as it now stands, an individual who performs services for remuneration is deemed an employee unless: (a) the individual is “free from control or direction” in the performance of the work; (b) the services performed are “outside the usual course of the business for which such service is performed or … performed outside of all the places of business of the enterprise for which the services are performed;” and (c) the individual is “customarily engaged in an independently established trade, … or business of the same nature as” the work performed.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Law Firms Mentioned

 

New Jersey Local Government DeskbookBook

For Attorneys and Town OfficialsIncludes downloadable PAY to PLAY RULES!This plain-language handbook organizes and updates a town's procedural and regulatory obligatio...

Get More Information
 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.