Meet Your Dedicated Account Manager

Dear NJDA Member,

As you are aware, the New Jersey Dental Association has entered into a partnership with GoTu to provide benefits to members when utilizing the GoTu service to supplement your practice’s staffing needs. Currently, the individuals who are utilized through GoTu are classified as independent contractors and neither GoTu nor your practice are considered employers of these individuals.

Regardless of the staffing service that your practice utilitizes there are worker classification concerns that you need to be aware of. Under New Jersey state laws and regulations hygienists must be employed by some designated entity and treating hygienists as independent contractors could create liability from the State of New Jersey against the practice. As of the date of this memorandum, we are not aware of any claim being brought by any individual, State of New Jersey, or the federal government against GoTu for its classification of these workers in New Jersey as independent contractors. However, this issue could arise from the following circumstances. If a practice temporarily engaged a hygienist, and that hygienist left and worked at other practices and subsequently applied for unemployment benefits, and identified your practice as a prior employer, the State of New Jersey may investigate why your practice never identified that person as an employee or paid payroll taxes and unemployment insurance contributions on their behalf. That investigation could result in a determination that the hygienist was misclassified as an independent contractor as opposed to an employee. 

The New Jersey Dental Association cannot offer any opinion as to the likelihood of such a claim being instituted. However, should you have any specific questions about this matter please contact the New Jersey Dental Association’s counsel or your GoTu account representative.