independent contractor

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

On September 19, 2011, the United States Department of Labor (“DOL”) and the Internal Revenue Service (“IRS”) announced the agencies’ agreement to jointly combat the misclassification of workers as independent contractors.  Specifically, the DOL and IRS’s joint Memorandum of Understanding (“MOU”) indicates that their efforts are aimed at ending some employers’ practice of misclassifying employees.