If you are a driver for a company and are classified as an independent contractor, you are likely missing out on certain employment benefits. However, if you are an independent contractor, there are certain things that the company for which you drive cannot require of you. If your company requires you to do any of the three things that are listed below, it may be a sign that your rights as an independent contractor are being infringed upon, or that you are really an employee.
Requiring You to Work Set Hours
If you are an independent contractor, the company for which you work cannot require you to work set hours. According to the American Bar Association, “One of the classic signs of employee status is a time clock or set office hours.” While the company can express preferences, they should demonstrate flexibility if you are truly an independent contractor.
Requiring that You Are Paid Hourly, Weekly, Monthly, Etc.
If you are an independent contractor, it is unlikely that the company for which you work will offer you a wage that is not dependent upon the work that you perform. The University of North Carolina’s Office of Legal Affairs suggests that an individual is an employee if he or she, “is paid for his/her time and bears no risk of wage loss if the employer’s product is unprofitable.”
Requiring that You Do Not Work For Any Other Companies
A trademark sign of an independent contractor is to work for multiple companies simultaneously. If the company for which you work tells you that you are prohibited from working for another company, your employment status may be incorrectly classified.
Reach Out to an Independent Contractor Attorney in New Jersey
As either an employee or an independent contractor, you have certain rights. If you believe that your rights as an employee or as an independent contractor have been violated, do not hesitate to call the experienced New Jersey independent contractor attorneys at The Sattiraju & Tharney, LLP Your first consultation with us is always free. Call us today to schedule your free case review at 609-216-7817, or use our online form.