Your employer may try to classifying you as an independent contractor in order to avoid liability for your actions and to avoid the legal responsibility of providing you with certain benefits types and upholding certain employee rights. It is especially common for trucking companies to misclassify their employees for these reasons, although the misclassification of an employee as an independent contractor happens in a variety of industry types. Here are five signs that you are actually an employee, not an independent contractor for the company for which you are driving:
- You Underwent Company Training
Being required to undergo company training is common for truck and other drivers in the state of New Jersey. However, being required to undergo company training implies an employee-employer relationship exists, as the company is directing how you are to perform your work.
- You Do Not Set Your Own Schedule
Most independent contractors are free to set their own schedules. On the flipside, those whose schedules are dictated by a company are often classified as employees.
- You Are Paid Hourly, Monthly, or Are Salaried
Most independent contractors are paid on a per-project, commission, or completion basis. On the other hand, a sign of an employee relationship is being paid on an hourly, weekly, monthly, etc. pay schedule.
- Your Employer Controls How Your Work Will Be Done
The IRS uses this single criterion for determining who is an employee. Specifically, the IRS states that if an employer controls what their worker will do and how it will be done, the worker is likely an employee.
- You Perform Work that Is Within the Usual Course of Business for the Company
Many independent contractors perform tasks that are not delegated to other employees, and are either performed outside of the business’ location or are outside of the usual course of business in nature. According to a New Jersey Supreme Court decision, a person who performs work that is the usual course of business for a company is an employee. Therefore, if you are a driver, and the company is a trucking company, this is likely to be considered a usual job, and you are thereby an employee.
Contact a New Jersey Independent Contractor Attorney
If you are not sure whether or not you are an independent contractor or an employee and have questions about your rights based on your employment status, do not hesitate to contact the experienced independent contractor attorneys in New Jersey at the Sattiraju & Tharney, LLP today. Our attorneys have a history of success working on these case types and can help to ensure your rights are protected.