Generally speaking, independent contractors are not considered “employees” within the meaning of the New Jersey Law Against Discrimination. However, simply characterizing a worker as an independent contractor does not necessarily mean that the worker is an independent contractor. As such, it is important for workers to understand whether they are entitled to protection as “employees” under the New Jersey Law Against Discrimination.
To determine a worker’s status under the New Jersey Law Against Discrimination, courts apply a “totality of circumstances” test based on the following factors: (1) the employer’s right to control the means and manner of the worker’s performance; (2) the kind of occupation – supervised or unsupervised; (3) skill; (4) who furnishes the equipment and workplace; (5) the length of time in which the individual has worked; (6) the method of payment; (7) the manner of termination of the work relationship; (8) whether there is annual leave; (9) whether the work is an integral part of the business of the employer; (10) whether the worker accrues retirement benefits; (11) whether the employer pays social security taxes; and (12) the intention of the parties. See Pukowsky v. Caruso, et al., 312 N.J. Super. 171, 182 (App. Div. 1998).
If you have any questions regarding whether you are an employee or independent contractor under the New Jersey Law Against Discrimination and/or believe you are suffering from workplace discrimination, retaliation or harassment, please contact the Law Office of Frank A. Custode, LLC.