• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

McOmber McOmber & Luber, P.C.

Business & Employment Lawyers Red Bank & Marlton New Jersey

732-842-6501
  •   Free Consultation
  • Home
  • Firm Overview
    • History of the Firm
    • Attorney Referrals
    • NJ Civil Certified Attorney
    • 50 Year Anniversary
  • Practice Areas
    • Business Law
      • Business Law Practice Areas

      • Business Formation
      • Buy-Sell Agreements
      • Commercial Disputes
      • Dispute Resolution and Arbitration
      • Shareholder Disputes
    • Class Actions
      • Class Action Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Misclassified Employees
      • Consumer Fraud Attorney
      • Data Breach Lawyer
    • Collections
      • Collections Practice Areas

      • Commercial Collections
      • Debt Collections
      • Judgment Enforcement
      • Personal Guarantee
      • Promissory Notes
    • Employment Contracts
      • Employment Contacts Practice Areas

      • Confidentiality and Non-Disclosure Agreements
      • Executive Agreements
      • Non-Compete Agreements
      • Severance Packages
    • Employment Discrimination
      • Employment Discrimination Practice Areas

      • Age Discrimination
      • Americans with Disabilities Act (ADA)
      • Disability Discrimination
      • Gender Discrimination
      • HIV or Aids Discrimination
      • Hostile Work Environment
      • LGBT Discrimination in the Workplace
      • Pregnancy Discrimination
      • Racial Discrimination
      • Religious Discrimination in the Workplace
      • Sexual Orientation Discrimination in the Workplace
      • Wage Discrimination
      • EEOC Claims
    • Employment Law
      • Employment Law Practice Areas

      • At-Will Employment
      • EEOC Claims
      • FMLA
      • New Jersey Division on Civil Rights
      • New Jersey Family Leave Act
      • New Jersey Law Against Discrimination
      • New Jersey Paid Sick Leave
      • Reduction in Force
      • Unemployment Compensation Appeals
      • Wrongful Termination
      • Misclassified Employees
      • Medical Leave Benefits in New Jersey
      • Work From Home Laws
    • Government Fraud/False Claims Act
      • False Claims Act Practice Areas

      • Qui Tam Action
      • Prevailing Wage & False Claims Act
    • Litigation
      • Litigation Practice Areas

      • Civil Litigation
      • Contract Litigation
    • Personal Injury
      • Personal Injury Practice Areas

      • Nursing Home Negligence
      • Product Liability
      • Uber Assault, Fraud, and Harassment
    • Real Estate
      • Real Estate Practice Areas

      • Land Use, Planning and Zoning
    • Sexual Harassment
      • Sexual Harassment Practice Areas

      • Hostile Work Environment Sexual Harassment
      • Housekeeper Sexual Harassment
      • LGBT Sexual Harassment
      • Medical Professional Abuse
      • Quid Pro Quo Sexual Harassment
      • Sexual Abuse
      • Sexual Harassment in Doctors’ Offices
      • Sexual Harassment in Nursing
      • Sexual Harassment of Administrative Assistants
      • Sexual Harassment of Housekeeping and Janitorial Workers
      • Sexual Harassment Retaliation
      • Sexual Harassment in Healthcare
      • Sexual Harassment in Dental Offices
      • Sexual Harassment in the Entertainment Industry
      • Sexual Harassment in Bars and Restaurants
    • Wage & Hour
      • Wage & Hour Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Tipped Employees
    • Whistleblowing & Retaliation
      • Whistleblowing & Retaliation Practice Areas

      • Conscientious Employee Protection Act (CEPA)
      • Whistleblower
      • Workplace Retaliation
      • Consumer Fraud Attorney
    • Other Legal Services
      • Other Legal Services

      • Estate Law
  • Our Successes
    • Client Reviews
    • Verdicts & Settlements
  • Team
  • FAQs
  • News
  • Locations
  • Contact Us
Employees vs. Independent Contractors: Three Key Differences | Header Image | McOmber McOmber & Luber

Employees vs. Independent Contractors: Three Key Differences

January 25, 2023 by Matthew Rafferty

Did you know that freelance workers have contributed an estimated $1.2 trillion to the American economy?

More and more workers are going freelance instead of working as how we traditionally define “employees”. As a worker and as a business, there are pros and cons to each. Before you decide to work with a freelancer, it’s important to understand what you’re signing up for.

Are you wondering what the differences are between employees vs. independent contractors? Keep reading to learn about the three key differences.

1. Autonomy

One major difference between an independent contractor and an employee relates to how much creative freedom they have. Often not discussed or perhaps misunderstood, this distinction makes a huge difference knowing that an independent contractor usually has much more autonomy with their creative process as long as they deliver the agreed-upon service or product.

The business that’s contracting with the independent worker can give them a task or project, but they won’t give them strict guidelines relating to how they do it. The timeline and work hours tend to be less rigid as well.

2. Payment, Benefits, and Taxes

Unlike an employee contract, an independent contractor agreement doesn’t come with a salary. Instead, a business pays the contract for each project or by an agreed-upon hourly rate. The payment can come before the work is completed or after.

An employee gets paid often by the hour and is on the payroll. Aside from hourly wages and a salary, an employee often also has health insurance and other benefits. This employer-based benefit is different from independent contractor insurance, which is the responsibility of the contract worker.

Don’t forget that payroll withholds some payments from an employee because those portions will go to taxes. Conversely, an independent contractor is responsible for paying their own taxes as a freelance worker. Independent contractor income is normally reported on a 1099 tax form.

If you’re ever unsure of something or suspect reporting or payment discrepancies, you can always seek the counsel of a legal professional.

3. Training

An employee is often seen as a long-term investment for the organization. By giving them the appropriate training, a business hopes that they’ll rise in the ranks and do their best to help grow the company in return.

This mindset doesn’t also apply to an independent contractor. These types of workers are often expected to already be familiar with whatever services they’re offering.

Are You Ready to Hire Independent Contractors?

If you encounter any issues relating to the classification of one type of worker over another, you can consult with an established and reliable law firm. Our team of legal professionals specializes in employment contracts, business law, and so much more.

You’re more than welcome to reach out to us for a free consultation. We look forward to putting our seasoned team to work representing your case.

Filed Under: Wage and Hour Claims, Employment Lawyers

Primary Sidebar

Contact Our Team

  • Charles J. Kocher | Blog | McOmber McOmber & Luber
    Charles J. Kocher
    Partner
  • Tyler J. Burrell | Blog | McOmber McOmber & Luber
    Tyler J. Burrell
    Associate

Related Practice Areas

  • Employment Contracts | Blog | McOmber McOmber & Luber
    Employment Contracts
  • Employment Law | Blog | McOmber McOmber & Luber
    Employment Law

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
    732.530.8545

Marlton Office

  • 50 Lake Center Drive Suite 400, Marlton, NJ 08053
    856.985.9800
    856.263.2450

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973.878.9040
    973.310.5216

New York Office

  • 11 Broadway, Suite 615 New York, NY 10004
    929.566.1300

Philadelphia Office

  • 1650 Market Street, Suite 3600 - No. 973 Philadelphia, PA 19103
    267.777.7800

Footer

McOmber McOmber & Luber, P.C.

McOmber McOmber & Luber, P.C. is focused on delivering exceptional representation and responsive client service. We tailor innovative and cost-effective solutions for each matter we handle.

Quick Links

  • Home
  • Firm Overview
  • Practice Areas
  • Team
  • Office Locations
  • FAQ
  • Press
  • Our Successes
  • Contact Us
  • Awards & Honors
  • Attorney Referrals
  • Civil Certified Attorney
  • Careers
  • Blog
  • Client Reviews
  • Comprehensive Guides

Practice Areas

  • Business Law
  • Collections
  • Employment Contracts
  • Employment Discrimination
  • Employment Law
  • Litigation
  • Personal Injury
  • Real Estate
  • Sexual Harassment
  • Wage & Hour Attorney
  • Whistleblower Retaliation
  • Other Legal Services

Copyright © 2025 · McOmber McOmber & Luber, P.C. All Rights Reserved

  • Privacy Policy
  • Cookie Policy
  • Disclaimer
  • Site Map

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Results may vary depending on your particular facts and legal circumstances.

Disclaimer: This website’s information does not, and is not intended to, constitute legal advice or form an attorney-client relationship. All content is for general information and may not constitute the most up-to-date legal information. You should consult with an attorney for advice on specific legal problems. Read the full Disclaimer here.

California Consumer Privacy Act (CCPA) Opt-Out IconYour Privacy Choices Notice at Collection