If you are hired by a company as an independent contractor, it’s imperative to understand that this means there are a number of benefits that you will not be entitled to. However, if you believe that you are being treated as an employee, it can constitute misclassification, as contractors have different protections under the law. As such, the following blog explores what you should know as an independent contractor in regards to how the state classifies employees, if you can seek overtime pay, and what your rights are if you believe your employer has misclassified your position. In addition, you’ll learn the importance of working with a Glouster County wage and hour lawyer to help you fight for the compensation and benefits you deserve.
How Does NJ Differentiate Between Contractors and Employees?
In general, to determine whether or not you are an independent contractor for the company, you will need to use the ABC test. As such, if all of the following are true, you are likely considered an employee and therefore eligible for employee benefits:
- A. The company does not control of direct how you perform work
- B. You conduct your work in a different location from the employer’s business
- C. You are engaged in an independent trade or occupation
As such, if even one of those statements is not true, it can warrant misclassification. For example, if you are a freelancer but you are required by the employer to perform the same tasks or wear a company uniform, you are likely considered to be an employee under New Jersey law.
Can Independent Contractors Recover Overtime Compensation?
In general, independent contractors are not owed overtime compensation. This is because independent contractors technically work for themselves and are contracted to work with other companies.
However, it’s important to understand that if you are treated as an employee by the company, you may have been misclassified by your employer in an attempt to save money. By classifying you as a contractor rather than an employee, your employer then reserves the right to deny overtime compensation, benefits, and minimum wage.
What Should I Do if I Think I Was Misclassified?
If you believe you were misclassified as an independent contractor when you are serving a role more closely aligned with that of an employee, it’s important to take action to ensure you can recover the compensation and justice you deserve.
Generally, you should begin by gathering all documentation regarding your time working with the company. This includes any agreements or contracts, emails, schedules, and tax documents. Next, you should connect with an experienced employment attorney, as they can assist you in filing a complaint with the Department of Labor. This will spark an investigation to determine whether or not you have been misclassified, and if so, the DOL can impose penalties on the employer.
Additionally, your attorney can help you seek compensation for back wages and any overtime pay you were unlawfully denied.
As you can see, there are a considerable number of factors that can influence the outcome of an employment misclassification case. That is why it’s in your best interest to connect with an experienced attorney with the Vigilante Law Firm, P.C. Our team believes no employee should be taken advantage of or denied the benefits and compensation they are legally entitled to. When you need help, contact our team today to learn how we can fight for you.
