Employees vs. Independent Contractors

Employment Attorneys Serving Northern and Central New Jersey

A close-up of a document that says independent contractor agreementThe question of whether Uber drivers, Lyft drivers and gig workers should be categorized as employees or independent contractors has a lot of implications for the person performing the labor. If you think you are being miscategorized, or if you think you are being denied some benefit or protection you are owed as a result of your work duties, we encourage you to contact our law firm. Our experienced employment and contract dispute attorneys are here to provide guidance.

What is an independent contractor? While independent contractors perform work for a business, they are not employees. They perform work as outlined in a contract, or on a case-by-case basis. As an independent contractor, taxes are not withheld from your pay, you do not receive benefits like health insurance, and the business does not control your schedule or other aspects of what you do. You also do not have the same protections, such as those related to injury on the job. The employer generally does not have to provide the equipment necessary to perform your job duties.

What is an employee? We’re all familiar with what an employee is. They typically work for one employer, and adhere to the set schedule and place of work. They receive employment benefits and taxes are withheld from their paychecks. An employee generally is covered by workers’ compensation insurance, receives retirement benefits and can be terminated for cause. The employee performs work under the supervision and direction of the employer.

How our attorneys can help. It’s important to not be miscategorized as an independent contractor if you are in fact an employee. It seems like an obvious distinction, but that is not always the case. If you are in fact an employee, then you should be receiving all the benefits, protections and responsibilities that go along with that designation. Our experienced employment attorneys have lengthy experience in resolving contract disputes. We help employees get the protections and benefits they are owed. We help independent contractors determine if they are being miscategorized or if an employer is overstepping their agreement. We know the relevant employment laws in New Jersey and we’re ready to help.

If you have a question about an employment contract or have an issue related to your designation as an independent contractor, please contact Green Savits LLC in Florham Park at 973-695-7777.

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