Author: Keisha Monel

I own a small bookkeeping business based in New Jersey and would appreciate input from a New Jersey employment attorney familiar with independent contractor classification.

I’m considering bringing on an individual who lives in Florida to support my business with client information-gathering meetings and related administrative coordination. I would like to understand whether this arrangement can legitimately be structured as a 1099 independent contractor relationship under New Jersey law, given the actual duties and working arrangement.

Here are the relevant details:

Business: My company provides bookkeeping services, primarily to small businesses.

Proposed role: Client Services & Accounting Operations Liaison. The work would involve preparing for client information-gathering meetings, conducting the meetings, documenting the information gathered, following up on related outstanding documents or questions, and handing the information off to the assigned bookkeeper.

Compensation: $25 per completed meeting. The fee would cover preparation, the meeting itself, notes, and related follow-up. There would be no guaranteed minimum number of meetings or hours.

Scheduling: The contractor would choose which days and times to make available through a booking calendar. Clients would book from the appointment slots she publishes.

Location: She would work remotely from a location of her choosing. My business does not have a physical office.

Other clients: She has her own independent business and would remain free to serve other clients and work with other businesses.

Payment: I would pay monthly for qualifying meetings completed during the preceding month.

Relationship: I intend to engage her as an independent contractor, not as a W-2 employee.

My main concern is New Jersey’s ABC test, particularly whether this work could satisfy the requirement that the services be performed outside the usual course of business of the hiring entity. Since my company provides bookkeeping services and this role supports client onboarding and the bookkeeping workflow, I recognize that this may be the most difficult part of the analysis.

I’m not looking for ways to label an employee a contractor. I want to understand whether this arrangement can lawfully qualify as 1099 work based on its actual structure, or whether the nature of the services makes that classification too risky regardless of the scheduling flexibility and per-meeting compensation.

Questions for a NJ employment attorney:

How would you analyze this role under New Jersey’s ABC test, particularly prong B?

Does the fact that the individual lives and works in Florida materially change the analysis, given that my business is based in New Jersey?

Would the independent business, ability to serve other clients, control over scheduling and work location, and per-deliverable payment meaningfully affect the analysis—or are those facts insufficient to overcome a potential prong B problem?

Are there any legitimate changes to the actual duties or business arrangement that could make independent contractor classification more defensible, or would you recommend a different arrangement?

Are there separate federal or Florida classification issues I should evaluate?

I would appreciate an attorney’s perspective on the legal risks and what facts would be most important to review. I’m also open to scheduling a paid consultation with a qualified attorney.