Last week, in the case of East Bay Drywall, LLC v. Department of Labor and Workforce Development, the State Supreme Court upheld a determination by the Commissioner of the Department of Labor and Workforce Development (DOL) that a drywall company had been misclassifying employees as independent contractors for several years,…
Articles Posted in Unemployment Discrimination
Can I Collect Benefits Due to Corona Virus-Related Layoff or Business Closing?
Many businesses and schools have or will be closing due to the Corona-Virus. While some New Jersey workers can still perform their job duties and responsibilities from home, others cannot and will be temporarily or permanently separated from their employment. For those people who are separated from their employment for…
What is “Misconduct” under New Jersey Unemployment Law?
On August 24, 2018, New Jersey has passed Bill A-3871, which amends N.J.S.A. 43:21-5 of the New Jersey Unemployment Insurance Law by eliminating the severe misconduct disqualification as well as other changes to New Jersey unemployment laws. One of the key changes in the bill is revising the definition of…
Appellate Division Remands Employee’s Unemployment Appeal Dismissed For Failing to Register For Appeal Tribunal Hearing
A New Jersey Appellate Division has reversed a Board of Review decision denying an employee the right to have an appeal hearing after failing to register and appear for the scheduled appeal hearing. This decision stems from the Department of Labor, Unemployment Division, recent change in its procedures that now…
NEW JERSEY BILL LOOKS TO FINALLY DEFINE THE DIFFERENCE BETWEEN “SIMPLE MISCONDUCT” AND “SEVERE MISCONDUCT” IN NEW JERSEY UNEMPLOYMENT COMPENSATION LAW
In 2010, Governor Christie and the New Jersey state legislature revised New Jersey Unemployment Compensation Law to include a new “severe misconduct” standard to disqualify certain employees from receiving unemployment benefits. Because of the ambiguity of the statutory revisions to the revised law, New Jersey unemployment lawyers, claims examiners, employers…
American Jobs Act Proposes Banning Unemployment Discrimination
President Obama’s American Jobs Act proposes making it illegal to discriminate in employment on the basis of an individual’s unemployment status. As you may have suspected, this part of the bill has received support and criticism from both sides of the political spectrum. Those who support the bill argue that…