Misclassified as an Independent Contractor in NJ or NY

By Thomas McKinney

Have you been misclassified as an independent Contractor in New Jersey or New York?  Many employers will label workers as independent contractors and pay them as a 1099.  Your employer may be violating the law if it has misclassified you as an independent contractor.  Your employer is required to withhold taxes, pay social security taxes, medicare taxes and unemployment taxes.  You may also be entitled to additional benefits that employees already receive.

In order to determine whether you are actually an employee, and not an Independent Contractor, the court will look at: (1) whether the employer controls or has the right to control what work you do and how you do it. (2) Does the employer provide you with the tools to do your job, reimburse you for expenses? (3) Do you receive any benefits from the employer? and (4) is the work you perform for the employer a key aspect of the business?

If you answered yes to these questions and are paid as a 1099 Independent Contractor, you should contact our firm for a free consultation.

September 22, 2011 – Tom McKinney – Castronovo & McKinney

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.