EMPLOYMENT BENEFITS & HEARINGS

 

The decision as to whether to categorize a worker as an employee or independent contractor is one fraught with legal danger. The failure to correctly categorize a worker can result in severe penalties and other negative consequences. It is important for a commercial law firm to be sensitive to these concerns.

Employment Benefits & Administrative Proceedings

There has been a dramatic, nationwide increase in the number of employers who are the target of accusations by their workforce relating to failure to pay benefits. These benefits include unemployment insurance and other items included in payroll withholding. Often one of the key issues in contention in these administrative matters is whether the person was an employee or independent contractor in the first place. That is central to settling the question of whether someone has a right to employee benefits.

These matters are generally initiated by a complaint filed with the state agency that regulates employment, e.g. the Department of Labor. They begin as investigations and ultimately can become full-blown hearings. After that, they may even land in the judicial courts.

The Nissenbaum Law Group represents employers who are the target of investigations, hearings and/or court proceedings relating to the regulations that govern the employment relationship, including such matters as:

  • Advising employers and employees with regard to compliance with IRS and state-specific statutes and regulations concerning whether to characterize a worker as an employee or independent contractor;
  • Providing business counseling to assist in the development of best practices and other human resource policies and procedures aimed at minimizing legal risk; and
  • Litigating before the relevant administrative agencies, and if necessary, the State and Federal Courts.

Publications & Presentations

Gary D. Nissenbaum, Esq.

  • Panelist, Legal Aspects of Sexual Harassment Claims, American Psychiatric Association, May 5, 2004
  • Facilitator, 2003 Mediation Training, Superior Court of New Jersey, Union County
  • Panelist, 1996 Annual Health Law Symposium
  • Lecturer, Managed Care Provider Contracts, New Jersey Institute for Continuing Legal Education, 1996
  • Panelist, Recent Developments in Litigation Sanctions, New Jersey Institute for Continuing Legal Education, 1994
  • Panelist, Drafting Computer Outsourcing Contracts, New York PC EXPO, 1994
  • Seminar, Recent Developments in Litigation Sanctions, Hudson County Medical Society, 1994

Laura J. Magedoff, Esq.

  • Presented Seminar, 2014 Trademark Primer: Prosecution & Enforcement Strategies Every Attorney Should Know, NJICLE, New Brunswick, NJ, November 2013
  • Panelist, Intellectual Property Protection & Enforcement, New Jersey Bar Association Annual Conference, Atlantic City, NJ, May 2017
  • Presented Seminar, Business Contracts A to Z, National Business Institute, Newark, NJ, December 2013

Looking for advice?

We're here to help.

Contact the Nissenbaum Law Group to schedule an appointment at 908-686-8000 or feel free to use the following form to e-mail us. Please include as much information as you can to ensure that we are able to handle your request as quickly as possible.

Looking for advice?

We're here to help.

Contact the Nissenbaum Law Group to schedule an appointment at 908-686-8000 or feel free to use the following form to e-mail us. Please include as much information as you can to ensure that we are able to handle your request as quickly as possible.

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OFFICE LOCATIONS

MAIN OFFICE

2400 Morris Avenue

Union, NJ 07083

P: (908) 686-8000

F: (908) 686-8550

140 Broadway

46th Floor

New York, NY 10005

P: (212) 871-5711

F: (212) 871-5712

1500 Market Street

12th Floor East Tower

Philadelphia, PA 19102

P: (215) 523-9350

F: (215) 523-9395

100 Crescent Court

7th Floor

Dallas, TX 75201

P: (212) 871-5711

F: (212) 871-5712