Hunton Employment & Labor Perspectives

If you are a New Jersey employer with remote employees in New York, Alabama, Delaware, or Nebraska, you should review New Jersey’s newly introduced Convenience of the Employer Rule to ensure you are properly withholding state income and payroll taxes for those remote employees.

In yet another employee misclassification case, Kentucky Attorney General, Jack Conway, brought suit against FedEx Corp. alleging that FedEx violates Kentucky state law by misclassifying its drivers as independent contractors.  The Complaint contends that FedEx violated state law in regards to unemployment insurance, workers compensation, payroll taxes, and the Kentucky Consumer Protection Act.  The lawsuit asks the Court to order FedEx to classify its drivers as employees and to pay the contributions and penalties required by state law, which includes back pay dating to 2000 and totaling at least $10 million.