NJ State auditor concluded:
Individuals do not meet the requirements of Section 19(I) (6) (A) (B) (C).
As such payments to such individuals are determined to be taxable for New Jersey UI/DI/FLI taxes.
My Sub-contractor is an employee of your business entity. He must be on... View More 
answered on Sep 14, 2023
It sounds like the NJDOL determined that there was insufficient proof that the subcontractor was an independent business under the ABC test. This case will give you a good understanding of the legal issues https://www.njcourts.gov/system/files/court-opinions/2022/a_7_21.pdf
It may be... View More
The business owner is threatening to withhold my wages of about $1,000 if I do not sign.
answered on Oct 21, 2022
An employee cannot withhold an employee's check for this reason in NJ. If this occurs you should file a wage claim with NJ Department of Labor. An employee has no obligation to sign such a document after resignation.
answered on Feb 4, 2022
It is unlawful to discriminate against an employee based on their religion under both federal, NY and NJ discrimination law. You should consult with an employment attorney to discuss your matter further and get advice on how to address this.
I recently got over a relatively bad case of covid and provided my employer with a doctors note. My doctor wrote it out on his prescription pad and gave it to me to submit. I was told today that “payroll” won’t accept a doctors note written on a prescription pad, meanwhile his prescription... View More
answered on Jan 18, 2022
If the note wasn't signed, that could be why the employer is questioning it. If that is not the case or your employer takes some adverse action due to you being out sick with Covid, you should talk with an employment lawyer.
At this point, I don't have a large clientele, so I would like to take on people as I get the jobs, like gigs. It seems like the best way to go would be to take them on as independent contractors instead of employees until I have more steady work for them. How would I go about this and what... View More
answered on Jan 17, 2022
When individuals are hired to perform the main services a business provides, they should be classified as employees regardless of hours worked. Business that hire individuals as independent contractors and later change their classification to employees automatically create a red flag for the... View More
Vaccine mandate. Based on this, can my employer still require my vaccination or weekly testing,?
answered on Jan 16, 2022
Yes. Employers in NJ are allowed to require employees to get vaccinated as a condition of employment regardless of how the Supreme Court ruled in the OSHA case. They are required to make exceptions for those who can't get vaccinated for medical or religious reasons. Many health care employers... View More
I was due a 10k sign on bonus after a year of working with this company. They agreed to pay it but never did so I quit, they then used that as a excuse to not pay me. Now we’ve settled the lawsuit out of court & they want me to dismiss first then they would pay me. Shouldn’t I get paid... View More
answered on Jan 17, 2022
I don't ever file a dismissal of an employment law claim brought by my client before the settlement is paid. The settlement agreement should have language discussing a procedure for you agreeing to withdraw within a certain amount of time after getting paid. If you did not have a lawyer when... View More
I am trying to get tested but everywhere is full, when I told my job I’m not comfortable with coming in until I get tested they told me it’s fine and to just wear a mask. He even implied that regardless if I’m positive or not I can come it. My manager is also working even after testing... View More
answered on Jan 16, 2022
I would advise you to talk to a NJ employment lawyer to advise you on the situation.
The EE received their rights and responsibilities under FMLA. However, this EE likes to "play chess" in a sense that they may potentially come after us even though they voluntarily resigned and we have followed the law and rules to a T. We informed them of what their leave is allowed... View More
answered on Sep 27, 2021
More facts are needed for an attorney to suggest the right course of action. I suggest you retain one.
I provided every proof that i wasnt paid for certain jobs , dozens of emails and promises , lately i have been harassed with iron strong evidence that is directly correlated to the fact i asked for my money , is it wise to persue a lawsuit or big employers always win in such cases and it takes... View More
answered on Sep 27, 2021
Hire an employment law attorney for a consultation to guide you on the best course of action.
answered on May 20, 2021
New Jersey is an at-will state, but that does not apply to employees who have a contract with the employer, and it does not permit employers to terminate employees for unlawful reasons, such as retaliation or discrimination. Employers have the right to mandate that employees get the COVID-19... View More
I worked for a client company through a temp agency. I attempted to report a coworker for sexual harassment and the client company director lied and told HR that I was having a sexual relationship with the man to protect him. I denied the accusations and have gotten bullied by other coworkers... View More
answered on Feb 23, 2021
Under state and federal law, employers have an obligation to investigate sexual harassment and take steps to prevent it and to prevent retaliation against those who make complaints. You should contact an employment lawyer to review all the facts and legal issues associated with your situation to... View More
I am going out on maternity leave in mid-November and my company pays a bonus in December. They are stating because I won’t be an active employee I won’t receive the bonus at all. Yet others who went out on leave throughout the year and returned will get this bonus. Does this sound... View More
answered on Oct 30, 2020
Paying employees who are on a maternity leave less favorably or differently than employees who are not on such a leave can potentially support a claim for discrimination, retaliation and violation of wage and hour law. You should hire an employment lawyer for advice on your rights and the best... View More
located in NJ : Offer letter from employer states - must give 2 months notice , if not , you will have to pay 2 months salary .Is this legal ? the reason I ask is - I heard NJ is at will employment
answered on Oct 19, 2020
In New Jersey employment is at will unless there is a contract between the employee and the employer. You should consult an employment attorney to advise you on your employment documents. This answer does not constitute legal advice and is for information only.
Under EO 107, paragraphs 10 and 11 offices must provide telework options for employees where practicable.
With this EO in place today, October 15 2020, can an employer tell an employee who was working remotely that they must come into the office for one day per week, working remotely the... View More
answered on Oct 19, 2020
If an employee has a need to work from home for a medical reason (COVID-19 or otherwise) including pregnancy, to quarantine, to take care of a sick family member or to care for a child who has to participate in school at home, the employee could have rights to request a full work from home... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
