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Employee Misclassification

New Jersey Employee Misclassification Attorneys Protect Workers’ Legal Rights

Hackensack lawyers assist employees incorrectly labeled as independent contractors

Employees in the modern workplace are subject to a wide range of legal protections relating to wages, working hours and benefits. To get around these rules and the expense of compliance, some companies misclassify employees as independent contractors — that is, workers who provide services similarly to outside vendors. If you suspect that you are being miscategorized as a contractor and denied rights to which you are entitled, the New Jersey employee misclassification attorneys at Deutsch Atkins & Kleinfeldt, P.C. in Hackensack will give you reliable advice and stand up in your behalf.

What is employment misclassification?

A company may use the services of different types of workers, including:

  • Employees, whose working conditions are under the control of their supervisors
  • Independent contractors, who may be self-employed but who are attached to the company for work on a temporary basis

The key difference is that companies owe certain legal duties to employees that they don’t owe to independent contractors. However, very often an independent contractor performs the same work as a regular employee but does not receive the same pay or benefits.

Why businesses misclassify workers as independent contractors

A misclassification can be the result of an honest mistake or of an intentional end run around the law. Employers often save money by using independent contractors instead of taking on full-time employees. In addition, some labor laws don’t apply to employers who have fewer than a certain number of employees, so the misclassification can be inadvertent. Regardless of the reason, if you are a misclassified employee, you can trust us to strive to vindicate your rights.

Employee vs. independent contractor

Employees and independent contractors generally differ in several ways, such as the following:

  • Employees are more restricted in their work schedules than independent contractors
  • Employees tend to perform the company’s core services or commonly used support services, while independent contractors might perform specialized support services
  • Independent contractors often have specialized technical skills
  • Employees enjoy labor law protections that don’t apply to independent contractors

Business circumstances vary, so these descriptions are not always cut and dried. We can review your situation and determine if you’ve been misclassified as an independent contractor.

Impact to NJ employees when misclassified

As an independent contractor, you are:

  • Required to pay all Social Security and Medicare taxes out of pocket
  • Ineligible for unemployment benefits if you lose your job
  • Ineligible for most company healthcare plans
  • Ineligible for workers’ compensation benefits
  • Ineligible for minimum wage, overtime pay, sick pay and rest breaks, except to extent these are part of your contractual arrangement

We will work with dedication to prove your proper status and make you whole for your losses, through negotiation or through litigation as necessary.

How do you know if you are a misclassified employee?

There are several signs you can look for to tell if you’re a misclassified employee, such as:

  • A manager exercises close supervision of your work performance.
  • The company trained you in how to do your job.
  • You’re required to work on a specific schedule.
  • You’re paid hourly wages.
  • You perform the same duties as workers classified as company employees.

If you suspect that you’re a misclassified employee, we can make a more accurate determination and help vindicate your rights.

Contact a New Jersey employee misclassification attorney

The attorneys of Deutsch Atkins & Kleinfeldt, P.C. in Hackensack have broad experience in helping New Jersey workers get the protections they deserve under state and federal labor laws. To schedule a consultation, call 551-245-8894 or contact us online.

Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch

Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…

Bruce  L.  Atkins Attorney Photo
Bruce L. Atkins
Senior Partner

Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…

Adam  J.  Kleinfeldt Attorney Photo
Adam J. Kleinfeldt

Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigation such as discrimination, retaliation and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for his clients, including a $525,000 jury verdict in a sexual…

Debra M. McGarvey Attorney Photo
Debra M. McGarvey

Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…

Carly Skarbnik Meredith Attorney Photo
Carly Skarbnik Meredith

Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…


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