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Who Are 'Employees' and How Should We Treat Them?
The 2014-15 New Jersey Supreme Court term brought major decisions on diverse employment law issues ' employer liability for sexual harassment, how to determine whether a worker is an “employee” for purposes of wage and hour laws, the extent of protection afforded watchdog employees under the Conscientious Employee Protection Act (CEPA), and the negotiability of furlough decisions by municipal employers.
Who Is an Employee?
In Hargrove v. Sleepy's, 220 N.J. 289 (2015), the court addressed a certified question from the United States Court of Appeals for the Third Circuit, touching on one of the hottest issues in current employment law ' when is a worker who has been designated an “independent contractor” really an “employee”? Specifically, the federal appellate court asked the state Supreme Court to decide: “Under New Jersey law, which test should a court apply to determine a plaintiff's employment status for purposes of the New Jersey Wage Payment Law, N.J.S.A. 34:11-4.1, et seq., and the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56a, et seq .?” The court concluded that the “ABC” test derived under the New Jersey Unemployment Compensation Act ' providing the broadest definition of employee ' should apply under the Wage Payment Law and the Wage and Hour Law as well.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.