Construction crew wins misclassification case
Workers labeled as contractors received benefits and back pay.
The questionAre you an employee or a contractor if the company sets your hours and supplies your tools?
Illustrative example
JERSEY CITY, N.J. — A construction company will pay $760,000 in back pay and benefits and reclassify its crew as employees, settling a state labor case.
The company had paid the crew as independent contractors while setting their schedules and supplying their tools.
Overtime, benefits and unemployment-insurance coverage were at stake.
Marvessa Law documented the company's control over the crew's daily work under New Jersey's test for employee status.
The settlement provides $760,000 in back pay and benefits, and the crew has been reclassified as employees.
Some claims fell outside the limitations period.
Whether a worker is an employee depends on the working relationship, not the paperwork.
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