“I have set hours and a boss. Why does my contract say ‘Independent Contractor’?”
Client G worked as a Web Developer for an IT startup. When hired, he was made to sign an “Independent Contractor (1099)” agreement. However, he worked at a desk assigned by the company, on a company laptop, following strict instructions from 9 AM to 6 PM. despite pulling all-nighters for project deadlines, the company refused to pay overtime, citing his “freelance” contract.
Song Law Firm’s Legal Analysis: You Can’t Fake “Freelance” Status.
This is a classic case of “Misclassification” used by employers to avoid taxes and overtime pay. New Jersey Labor Law uses the strict “ABC Test” to determine employment status. To be a true independent contractor: (A) The worker must be free from control and direction; (B) The work must be outside the usual course of the company’s business; (C) The worker must be customarily engaged in an independently established trade.
We proved that Client G was controlled by the company (Failed A), performed core development work (Failed B), and had no other clients (Failed C), making him an Employee by law.
The Result: Overtime Pay and Tax Correction
One wrong contract almost cost Client G thousands, but we recovered it.
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Result 1: Reclassified his entire tenure as an employee (W-2) and recovered all unpaid overtime wages.
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Result 2: Forced the employer to pay the employer’s share of employment taxes that had been burdening Client G.
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Result 3: Early settlement with the employer covering all legal fees.
Receiving a 1099 form does not mean you lose your labor rights. Song Law Firm will uncover your true employment status.
[Contact Us]
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KakaoTalk Channel: Song Law Firm
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Phone: 201-461-0031
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Email: mail@songlawfirm.com
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Website: www.songlawfirm.com
Disclaimer: Prior results do not guarantee a similar outcome. This content is for informational purposes only and does not constitute legal advice. Please consult with an attorney regarding your specific situation.
