Misclassification in NJ Landscaping and Lawn Care Services: Employee or Contractor?

If you cut grass in the summer, plow snow in the winter, or spend your days trimming hedges and laying mulch in the Garden State, you may have been told you are an “independent contractor.” Maybe you get a 1099 instead of a W-2. Maybe you are paid by the job or in cash at the end of the week.

That label alone does not decide your legal status. When workers are misclassified, they can lose minimum wage protections, overtime, unemployment insurance, paid sick time, and other benefits that employees are supposed to receive.

This post explains why landscaping and lawn care workers are often misclassified, what it may cost you and your fellow workers, how the state is cracking down, and how a skilled independent contractor misclassification lawyer in New Jersey can help you identify the problem.

New Jersey’s Crackdown On Misclassification And How It Affects Landscaping Workers

In recent years, the state has rolled out a series of laws and regulatory tools aimed at curbing the practice and holding employers accountable.

A broad misclassification law package that took effect in 2020 sharply increased penalties, gave the New Jersey Department of Labor the power to issue stop-work orders, and allowed the state to bring court actions directly against employers that misclassify workers — an issue seen not only in industries like construction and landscaping, but also addressing misclassification in entertainment, where performers and production crews may be wrongly labeled.

Even years after the initial reforms, New Jersey continues to signal that it intends to keep tightening its enforcement framework. The state is actively expanding its focus beyond traditional industries and looking closely at sectors where wrong labels have become widespread, including gig-economy roles such as misclassified ride-share couriers or real estate agents, who are often treated as contractors despite functioning like employees. Looking forward, proposed regulations expected in 2025 aim to further clarify how the ABC test applies across wage and hour law, unemployment insurance, and other labor protections, ensuring that more workers receive the rights and benefits the law guarantees.

For workers, the state’s push offers powerful tools to challenge unfair contracts and recover the wages and protections they are owed: consulting an independent contractor misclassification attorney in New Jersey can help you understand your rights and take action.

Major Settlements Signal Enforcements Against Worker Misclassification In New Jersey

Recent audits and high-profile settlements underscore how aggressively the state has pursued ride-hail and delivery companies that classify workers as independent contractors rather than employees. 

In 2022, Uber agreed to pay $100 million after a New Jersey audit found it had failed to make required contributions to unemployment, temporary disability, and family leave programs because it treated drivers as contractors — a conclusion Uber did not concede but ultimately paid the assessment to resolve.

In 2025, Lyft reached its own settlement, paying $19.4 million after state auditors determined the company had misclassified more than 100,000 drivers and avoided similar mandatory contributions.

The Garden State has invested heavily in enforcing the ABC test, focusing particularly on gig work, which may include misclassification of NJ landscaping workers. 

Why Worker Misclassification Is So Common In New Jersey Landscaping And Lawn Care

Landscaping and lawn care work is often seasonal and project-based, and that structure can make some companies feel tempted to label all field workers as “independent contractors,” even when the crews operate much more like traditional employees. 

In New Jersey, certain patterns show up again and again. Workers may be told they are contractors, yet the company sets their start times, daily routes, and full schedules. Crews typically use the company’s trucks, mowers, blowers, chemicals, and safety gear — all supplied, maintained, and controlled by the business. These red flags mirror the issues with misclassification of truck drivers who are called “owner-operators” while driving company-assigned routes in company-controlled vehicles.

Many workers are expected to wear the company’s shirts or logos and interact with customers as representatives of the company. It is also common for the same crew to work full-time or close to it for a single business throughout the season, sometimes continuing year-round with snow removal or related work. Pay is usually hourly or by the day, with rates dictated by the company rather than negotiated by the worker.

When workers are labeled “freelancers” yet are integrated into the company’s branding, schedules, and client interactions like regular employees. This pattern commonly may show up in field-based industries, but even in sales teams, where creatives, social media managers, and campaign coordinators are commonly misclassified in marketing despite functioning as part of the core team. 

Under New Jersey law, these circumstances often point toward employee status — no matter what label appears on the paperwork or what the employer calls the arrangement.

What Misclassification May Cost NJ Workers In Landscaping 

National research shows how costly misclassification can be. Studies estimate that misclassified drivers and construction workers lose $22,000 to $26,000 a year in pay and benefits compared with workers who are properly treated as employees. Across the 11 occupations most often misclassified, affected workers earn 26% to 37% less than employees doing the very same work. 

That same dynamic shows up in New Jersey’s landscaping and lawn care industry. When workers are labeled independent contractors instead of employees, they lose critical protections. NJDOL data and national labor studies consistently find that misclassified workers often miss out on basic legal rights — including New Jersey’s minimum wage, which is $15.49 per hour for most workers as of January 1, 2025. Many are instead paid flat day rates that drop well below the legal minimum once the hours are tallied.

They also lose access to overtime pay, even though landscaping crews routinely work long, demanding weeks during peak season: hours that should qualify for time-and-a-half after 40 hours under state and federal law.

Beyond the financial losses, misclassification can also heighten fear of retaliation. Companies sometimes assume they can cut off “contractors” more easily if they complain. But New Jersey’s misclassification enforcement efforts and anti-retaliation rules are specifically designed to protect workers from being punished for asserting their rights.

If you are “just a contractor,” a company may think it can cut you off more easily for speaking up — but state’s laws and anti-retaliation provisions are designed to push back against that.

How New Jersey Uses Law To Test Landscaping Workers In Misclassification Cases

New Jersey relies on what’s called the ABC test to determine if someone is truly an independent contractor or actually an employee for wage, hour, and unemployment purposes. The law begins with a strong presumption: if you performed work and were paid, you are assumed to be an employee.

It is the employer — not the worker — that must prove all three parts of the ABC test to classify someone as a contractor. This framework applies across all industries, including healthcare and even freelance journalists who work regular assignments for a single media outlet without the ability to choose their clients directly.

To lawfully classify a worker as an independent contractor, a company must prove:

A — Absence of Control: The worker must be free from the company’s control or direction over how the work is performed — not only on paper, but in real daily practice.

B — Business of the Employer: The work must be outside the usual course of the company’s business, or performed entirely outside all of the company’s places of business. This is where many misclassifications happen — for example, when media outlets treat regularly assigned freelance journalists as contractors even though reporting and writing are central to the company’s core business.

C — Customarily Engaged in an Independent Trade: The worker must operate an independently established business of the same nature: with real, ongoing entrepreneurial independence, not a label applied by the company.

If an employer cannot prove all three parts of the ABC test, then under New Jersey law the landscaping worker is misclassified and entitled to full legal protections, benefits, and the wages they are owed.

What To Do If You Think You Are Misclassified In NJ Landscaping Or Lawn Care

If you have spent seasons riding mowers, lifting pavers, or trimming trees for a landscaping or lawn care company in New Jersey — and you have been treated as a “contractor” without overtime, benefits, or unemployment protection — you may have more rights than you were told.

Start by comparing your day-to-day reality to the ABC test. Look at who controls your schedule, equipment, and routes, if you truly run your separate business, and whether the company treats you like part of its regular workforce. Keep your own notes on your personal devices, save pay records, invoices, texts, and any written agreements: these small details often become important later. You can also ask your employer for clarification, though many workers choose to gather information first.

A New Jersey attorney experienced in independent contractor misclassification and wage-and-hour cases can review your documentation, apply the ABC test to your situation, explain your rights, and help you pursue unpaid wages, overtime, benefits, or penalties owed under state law. An attorney can also deal directly with your employer or file a complaint with the NJ Department of Labor on your behalf, while advising you about retaliation protections and the safest way to move forward.

Facing Misclassification? We’re One Call Away. Talk To A Lawyer Now And Book Your Free Case Review.