CYPHR Register
Answers you can act on, from the law itself
One question, one answer, and the words of the statute underneath it — with the date we checked the source and a plain note wherever we have not checked something. If we cannot show you the primary text, we say so rather than filling the gap.
What is the primary challenge for professional services firms under New Jersey’s ABC test?
Prong B, the second of the three ABC criteria. A consultant who performs a professional services firm’s core service is working within that firm’s usual course of business, so the firm can satisfy the second criterion only by the alternative route, showing the service is performed outside all of its places of business. New Jersey puts the burden on the business, and failure on any one criterion classifies the worker as an employee.
What are the remedies for violating the Freelance Isn’t Free Act?
A freelancer who wins a late-payment claim under the Freelance Isn’t Free Act recovers double damages plus reasonable attorneys’ fees and costs. A missing written contract carries two hundred fifty dollars in statutory damages. The Attorney General may seek civil penalties of one, two or three thousand dollars depending on how many violations there have been, and separately, in a civil action, the trier of fact may impose up to twenty-five thousand dollars for a pattern or practice of violations.
Does New York, New Jersey or Pennsylvania ban non-compete agreements?
No. None of the three bans non-compete agreements. Each asks whether the restriction is reasonable. New York's ban was vetoed in 2023. Pennsylvania bans them for health care practitioners alone.
Do New York, New Jersey and Pennsylvania use the ABC test for worker classification?
New Jersey uses the ABC test. New York and Pennsylvania do not. New York uses a common-law control test, ABC-style only in construction and goods transport. Pennsylvania uses a two-part test.
What must job postings disclose under New York and New Jersey pay-transparency laws?
Post a job in New York or New Jersey and the ad must state pay. New York (4+ employees): a compensation range plus the job description. New Jersey (10+): wage or salary range plus benefits.
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