HR News, Human Resources, New Jersey, Payroll, payroll law

Breaking News: New Jersey Releases Employee Misclassification Poster

Hey Compliance Warriors!

New Jersey has finally released the new mandatory poster regarding employee misclassification. Read on…

Via https://www.seyfarth.com/news-insights/new-jersey-releases-required-misclassification-notice.html

As part of a package of six laws pertaining to independent contractor misclassification, New Jersey passed Assembly Bill 5843, requiring employers “to conspicuously post notification, in a place or places accessible to all employees in each of the employer’s workplaces,” which is now available here, pertaining to the following:

1. An explanation of the prohibition for employers to misclassify its workers;

2. The standard that is applied by the Department of Labor and Workforce Development (“LWD”) to determine whether one is an employee or an independent contractor. The LWD’s current test is as follows:

a. The individual has been and will continue to be free from control or direction over the performance of work performed, both under contract of service and in fact;

b. The work is either outside the usual course of the business for which such service is performed, or the work is performed outside of all the places of business of the enterprise for which such service is performed; and

c. The individual is customarily engaged in an independently established trade, occupation, profession or business.

3. The benefits and protections to which an employee is entitled under State wage, benefit and tax laws;

4. The remedies to which workers affected by misclassification may be entitled under New Jersey law; and

5. Information on how a worker or a worker’s authorized representative may contact, by telephone, mail and e-mail, a representative of the commissioner to provide information to, or file a complaint with, the representative regarding possible worker misclassification.

The law also prohibits an employer from retaliating against a worker who complains to his/her employer or the LWD regarding possible worker misclassification.


Lisa Smith is CEO of Andere Corporation and Chief Content Developer at HelpDeskSuites.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more in her Compliance Warriors Facebook Group.

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