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A couple of decades ago, it was not common for businesses to hire independent contractors. With the advent of the “gig economy,” however, businesses are relying on independent contractors more than ever.

New Jersey law imposes certain obligations on businesses with respect to their “employees.” These obligations, however, do not apply to “independent contractors.” A determination as to whether a worker is an employee or independent contractor, therefore, is imperative to ensure that an employer is compliant with New Jersey law. There is no single test under New Jersey law for determining whether a worker is an employee or independent contractor. Rather, the applicable test depends on the context. This questionnaire is intended to assist employers in making a determination as to how to classify certain workers in different contexts.

This questionnaire is not intended to be exhaustive, and there do exist additional contexts not covered in this questionnaire. Employers should consult with counsel to determine the proper classification of their workers. If you have any questions concerning employee/independent contractor classifications or any other federal or state employment laws, please contact any one of our attorneys of Saiber’s Employment and Labor Law practice group.