New Jersey Independent Contractor Lawyers
Working as an independent contractor gives you the freedom to do the job you love without the constraints of traditional employment. However, that freedom comes at a bit of a price – you give up access to a fair amount of employment rights. Many actual contractors are willing to accept this price, but what happens when you are mis-classified as an independent contractor? Your employer may be incorrectly labeling you as an independent contractor rather than employee to avoid paying certain benefits and giving you certain rights.
If you suspect you are being mis-classified as an independent contractor, speak with an NJ employment law attorney at Aiello, Harris, Marth, Tunnero & Schiffman, P.C. Our NJ law firm works with clients across New Jersey, helping ensure workers are treated fairly and equally in the workplace.
The definition of an independent contractor in New Jersey
If you are an independent contractor, you are self-employed. You provide services, such as household repairs or marketing consulting, to business or people, but you are not an employee of a company. If you have complete control over how you perform your job and where you perform the work, you are probably an independent contractor.
When clients or customers pay you, they do not withhold taxes. As an independent contractor, you pay income taxes separately to the government each quarter.
Employees versus independent contractors in employment rights
Employees are given access to certain employment benefits such as retirement savings, health insurance, sick days, vacation days, and more. Independent contractors are not given these fringe benefits. Employees are covered by anti-harassment, anti-discrimination, and anti-retaliation laws. These laws do not extend protections to independent contractors. Independent contractors are also not entitled to workers’ compensation or unemployment insurance – employees are.
Non-exempt employees are also entitled to overtime pay, whereas independent contractors are not.
Misclassification as independent contractors in New Jersey
When you are hired, you may have signed an agreement stating you are an independent contractor. However, this might not be necessarily true. In an effort to reduce costs, shady employers might try to misclassify you, even though you should be labeled an actual employee.
You might be considered an employee in the eyes of the law if:
- Your company controls the way you perform your job, including your hours, the tools you use, and more.
- You work full-time or part-time
- You depend on the company for income
- Your job is essential to your employer’s business
Receiving benefits and rights as an independent contractor in NJ
If you are technically classified as an independent contractor, but you are treated like an employee, you still may receive employment benefits you are entitled to, such as workers’ compensation and overtime.
With the help of an NJ employment lawyer at Aiello, Harris, Marth, Tunnero & Schiffman, P.C., you may be able to provide evidence that you were misclassified as an independent contractor when you actually functioned as an employee.
Contact our New Jersey independent contractor lawyers
The attorneys at Aiello, Harris, Marth, Tunnero & Schiffman want equal employment rights for everyone. We serve clients throughout New Jersey. To schedule your free initial consultation, call us today at (908) 561-5577 or contact us online.