In East Bay Drywall, LLC v. Department of Labor & Workforce Development, decided on August 2, 2022, the New Jersey Supreme Court confirmed the difficulties employers face when trying to establish independent contractor status for their workers. In East Bay Drywall, the Court upheld a finding by the New Jersey Department of Labor

In recent months, New Jersey’s Department of Labor has ramped up its efforts to crack down on employers misclassifying workers as independent contractors rather than employees.  While employees in certain situations request being engaged as an independent contractor for a variety of personal or unique circumstances, the State of New Jersey is concerned that such