Can I do freelance design work for my full-time employer?

UPDATED: Oct 1, 2022

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Can I do freelance design work for my full-time employer?

I am a graphic designer but I do not work in that capacity at my full-time job. They hired me to create logos as a freelance job but they are telling me now that hey have to add it to my payroll and not as a separate check to a ‘vendor’

I don’t wanted added to my payroll because they will tax it as a bonus — which it is not.

Asked on March 15, 2019 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They could pay you separately, as a freelancer or independent contractor, if they wanted (you would most likely need to set up and bill through an LLC to do it properly); however, as your employer, they, not you decide how you will be paid. If they are only willing now to pay you for this work as an employee, that's how they will pay you; you cannot make them pay as a freelancer or contractor against their will.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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