Think they’re a contractor? the state might disagree

ByPeppa Herrera
Hiring contractors?
The state might say
they’re your employees
New rules in New Jersey and New York are tightening how the “ABC” test is applied to independent contractors.  If you’re still thinking a contract or LLC protects you, think again. New Jersey regulators are proposing to expand the definition of control, place of business, and what it means to be truly independent. This is a compliance trap waiting to happen. 
Watch the video for a full breakdown. 
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Abortion accommodations off the table,
but the rest of the rules still stand
A federal judge has struck down one part of the Equal Employment Opportunity Commission’s guidance on the Pregnant Workers Fairness Act (PWFA), specifically, the requirement that employers accommodate elective abortions. The court ruled that the EEOC overstepped, saying Congress never gave the agency that kind of authority. 

But before you breathe a sigh of relief, let’s be clear: this doesn’t erase your responsibilities. Employers still have to accommodate pregnancy-related needs under the PWFA. And under Title VII, you’re still barred from discriminating against an employee for having or considering an abortion. The legal lines may have shifted, but your obligations haven’t disappeared.
EEOC changes that NJ & NY employers should be tracking
  • Gender reporting: The EEOC has dropped the non-binary option from the EEO-1 report. It’s back to male or female only. 
  • DEI under scrutiny: Federal agencies are warning that race- or gender-based hiring programs may violate Title VII. They always did!
  • Bathroom & pronoun policies: Although the requirement that employers permit their non-binary employees to use the bathroom of their choice and address them with their preferred pronoun has been stricken from the EEOC guidance, state laws still protect gender identity. So be sure your policies reflect that.
  • Pregnancy accommodations: The new federal law requires extra breaks and flexibility.
  • Discrimination claims: It’s now easier for employees in majority groups to sue their employers for discrimination.

What does this mean for you?
If your policies, training, or reporting tools haven’t been updated since last year, there’s a good chance you’re exposed. Now is the time to review and adjust, before the lawsuits roll in.

Working with pride!
Pride Month is a great time to show visible support, but it’s also a reminder to check if your workplace culture walks the talk. Are your policies inclusive? Do your teams feel safe and seen? From pronoun use to benefits and bias training, this month is your cue to go deeper than rainbow logos. Happy Pride!
Questions? Call us at 973.787.8442
or email us at legaladmin@alixrubinlaw.com.

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