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NUTRITION LEGAL EASEANJC Scholarships REHAB Update CHIRO AssistLEGAL Q&A Employee QuestionsExecutive Directors Update By Jeffrey Randolph and AnswersANJC Legal Counsel2020 ANJC AWARDSQ How do I decide whether someone whothe training wage of not less than 90% of the regular works for me is an independent contractor orminimum wage for the first 120 hours of work in an Legislative Update occupation in which the employee has no previous similar employee?INSURANCE Update INSURANCE Update A There is a multi-factor control test that is applied bywork experience.the IRS/Department of Labor which focuses on how muchQ What are the qualification criteria for a workercontrol you have over the person working for you.If youTECHNIQUE Updateto be eligible for short term disability inhave a large aspect of control over how, when, and whereNew Jersey?they work, they are most likely an employee.The main questions you need to answer are: 1) Do you provideA Short Term Disability Insurance provides benefits to instruction, training, and the tools of their trade? 2) DoNew Jersey workers who have to stop working due to you reimburse their expenses, provide fringe benefitsa physical or mental health condition or other disability unrelated to their work.In order to have a valid claim for MedicareQ&AMedicare Update such as health insurance, malpractice insurance, vacationTemporary Disability Insurance, the employee needs to time, etc.?3) Do you issue them a 1099 or a W-2?4)OUR HEALTHDo they work for you exclusively, do they perform ahave paid into the program through their employment service integral to your practice, and is the relationshipand meet minimum gross earnings requirements.To permanent?The majority of factors will help you decidequalify for Temporary Disability Insurance in 2021, how to properly characterize this person.employee must have worked 20 weeks earning at least $220 weekly, or have earned a combined total of $11,000 Q Is there a minimum amount of paid time off Iin the base year.Claimants are paid 85% of their average have to provide to my employees? weekly wage, up to the maximum weekly benefit rate set for that calendar year.In 2021, the maximum weekly A Yes, employers of all sizes must provide full-time,benefit rate is $903 per week.If employee is disabled part-time, and temporary employees with up to 40due to an injury or illness related to their job, it is a hours of earned sick leave per year so they can care forworkers compensation claim.However, if the workers themselves or a loved one.This does not apply to percompensation carrier denies benefits or stops benefit diem healthcare workers or independent contractors (See, question above).If the employee qualifies, youpayments, the employee may then file a STD claim.must provide 1 hour of earned sick leave for every 30 hours worked, up to a maximum of 40 hours of leave perJeffrey Randolph, Esq. (the author of Legal Ease and Legal benefit year. You can require reasonable documentationQ&A) is an independent person of the ANJC and his views if an employee uses more than three consecutiveare not authorized, sponsored, or otherwise approved by workdays as earned sick leave or where the employeesthe ANJC. The information provided is for general guidance need for earned sick leave is not foreseeable and is beingon matters of interest only and may not take into account sought for use during high-volume periods or specialparticular facts relevant to your individual situation. The appli-events.An employee may carry over up to 40 hours ofcation and impact of laws and health care can vary widely unused earned sick leave to the next benefit year.Anbased on the specific facts involved. Given the changing employer may choosebut is not requiredto pay annature of laws, rules and regulations, there may be omissions employee for unused earned sick leave at the end of theor inaccuracies in information contained in these materials. benefit year.Accordingly, the information you receive is provided with the understanding that the author and the ANJC are not herein Q What is the minimum wage requirement forengaged in rendering legal, accounting, tax, health care or workers in New Jersey? other professional advice and services nor are they providing A On Feb. 4, 2019, Gov. Phil Murphy signed Bill A-15specific advice with regard to your practice, the treatment of into law which set New Jersey on the path to raise theany specific illness, disease, deformity or condition, or any minimum wage in increments to $15 an hour by 2024. other matter that affects trade, commerce, or legal rights of The law raised the minimum wage to $10 per hourothers. As such, this article should not be used as a substitute on July 1, 2019, and then to $11 per hour on Jan. 1,for consultation with professional accounting, tax, legal, 2020, and $12 per hour on Jan. 1, 2021.The minimumhealth care, or other competent advisers. Before making any wage is set to increase $1 every year until reaching $15decision or taking any action, you should consult an appropri-per hour in 2024.The requirement does not apply toately trained professional. minors under age 18.Also, an employee may be paid www.njchiropractors.com I 7'