Employee Misclassification Lawyers in New Jersey

If You're Doing the Work of an Employee, You Deserve the Rights of One

You show up on time. You take direction. You work regular hours. But your paycheck says "contractor" — and that might be costing you overtime, benefits, job security, and legal protections.

Brandon J. Broderick New Jersey employee misclassification lawyers help workers who've been wrongly labeled as independent contractors. If your employer is treating you like an employee but paying you like a freelancer, it is illegal — and you may be owed back pay, benefits, and more.

What Is Independent Employee Misclassification?

Independent contractors are supposed to operate independently — setting their own hours, using their own tools, and working on a project-by-project basis. But many employers misclassify workers as contractors to avoid paying overtime, taxes, and benefits.

Under New Jersey law and the federal Fair Labor Standards Act (FLSA), workers must be classified as employees if their role meets certain criteria, especially if the employer controls:

• Your schedule or hours
• Your tools or equipment
• The manner and method of your work
• Whether you can work for other companies
• Your rate of pay or assignments

Misclassification means fewer rights, no unemployment insurance, and no access to protections like minimum wage, FMLA, workers' comp, or anti-discrimination laws.

Common Signs You've Been Misclassified as a Contractor

• You work a fixed schedule, often full-time, for just one company
• You were given a company email, phone, or uniform
• You're supervised by a manager and expected to follow strict guidelines
• You're paid a flat rate regardless of hours worked
• You're denied overtime or benefits despite long hours
• You're treated like staff — but issued a 1099, not a W-2

If this sounds familiar, your classification may not reflect your true employment relationship — and that matters.

What to Do If You've Been Misclassified in New Jersey

1. Start Tracking Your Work Details

Document your hours, tasks, instructions from supervisors, and whether you're allowed to work for other companies. Save contracts, paystubs, and emails.

2. Understand the "ABC Test"

In New Jersey, employers must prove all 3 of these are true to classify someone as a contractor:

A. You're free from control and direction

B. Your work is performed outside the company's usual place of business

C. You have your own independent business or trade

If they fail any part, you may be an employee under the law.

3. Speak to a New Jersey Misclassification Attorney

We'll help you determine your true legal status, calculate unpaid wages or benefits, and guide you through filing a claim.

How Our New Jersey Misclassification Lawyers Can Help

Employers sometimes count on workers not knowing their rights. We're here to change that.

When you work with Brandon J. Broderick Employment Lawyers, you'll get:

• A confidential review of your work structure, contract, and pay
• Clear guidance on how misclassification laws apply to your situation
• A strategy to pursue owed wages, protections, or reclassification
• A legal team that communicates clearly and acts fast

What You May Be Entitled To

If you've been misclassified, you may be able to recover:

• Unpaid overtime and minimum wage
• Back taxes, Social Security contributions, and unemployment
• Health insurance coverage or retirement benefits
• Damages under FLSA or NJ Wage Theft Act
• Attorney's fees and legal costs

We'll help you understand the full picture — and what you can do about it.

Frequently Asked Questions: Misclassification in NJ

Can I really be an employee if I signed a contractor agreement?

Yes. The law looks at the nature of your working relationship — not just what's in your contract. You can still file a claim if the facts show you're an employee.

What's the difference between W-2 and 1099?

A W-2 employee has taxes withheld, receives benefits, and is covered by employment laws. A 1099 contractor is self-employed and must handle taxes and insurance independently.

Why would an employer misclassify me?

To save money. Misclassifying workers allows employers to avoid payroll taxes, benefits, and legal obligations — but it's illegal when the classification is incorrect.

How far back can I claim unpaid wages or damages?

You may be able to recover up to 3 years of unpaid wages under the FLSA — possibly more under New Jersey law, especially if misclassification was willful.

Can I be fired for filing a claim?

No. Retaliation for asserting your legal rights is illegal. If that happens, we can take additional action on your behalf.

You Deserve Fair Classification — and Fair Compensation

If you're doing the work of an employee, you shouldn't be treated like a disposable contractor. Let us help you set the record straight — and recover what you're owed.