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Independent Contractor Employment Issues In New Jersey

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 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 misclassified as an independent contractor? Your employer may incorrectly label you as an independent contractor rather than an employee to avoid paying certain benefits and giving you specific rights.

If you suspect you are being misclassified as an independent contractor, speak with an NJ employment law attorney at Aiello Harris Abate, Law Group PC Our NJ law firm works with clients across New Jersey, helping ensure workers are treated fairly and equally.

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

You may have signed an agreement stating you are an independent contractor when you are hired. However, this might not be necessarily true. To reduce costs, shady employers might try to misclassify you, even though you should be labeled as 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 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 Abate, Law Group PC, you may be able to provide evidence that you were misclassified as an independent contractor when you functioned as an employee.

Contact us today

The attorneys at Aiello, Harris, Abate, Law Group PC want equal employment rights for everyone. We serve clients throughout New Jersey.

Call us today at (908) 561-5577 or use our contact form. Your initial consultation will be conducted over the phone, and you can schedule an appointment at one of our office locations throughout New Jersey.

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