Employee or Independant Contractor: 3 easy ways to tell
Top Three Factors to Determine Employee v. Independent Contractor
Under the California labor law what determines whether a worker is an independent contractor or an employee depends on several different things, all of which must be well thought-out, but none of which is a sole determinant.
Among many factors are these three important considerations:
- Does the employer have direct control or the power to control the manner and means used by the worker to carry out his/ her work?
- Does the employer supply the worker with the tools and place to implement the work?
- Does the worker have a set schedule or is he/ she at liberty to establish his own schedule?
Generally, California labor law dictates that the more control an employer has over a worker’s day-to-day responsibilities, the more likely the worker is an employee. The less control an employer has over a worker’s day-to-day responsibilities, the more likely the worker is an independent contractor.
What is the impact of a misclassification of workers?
Whether the misclassification of workers by employers is deliberate or not deliberate, the consequence to the employer is the same. California labor law imposes costly penalties on employers who have improperly classified an employee as an independent contractor. Depending on the circumstances, an employer may also be liable for other damages under applicable laws, such as a judgment for wages owed, payroll taxes or medical expenses for a worker who has been injured on the job. California labor laws as well as federal labor laws are strict when it comes to allowing for independent contractor status.
Misclassification of independent contractors prevents workers from enjoying the benefits and protections afforded employees under many of today’s California labor laws, including minimum wage and overtime, meal and rest periods, workers’ compensation, unemployment and disability insurance benefits and anti-discrimination laws. Talk to a California-labor-laws-attorneys.com Lawyer when you are ready we will work for free until we win.
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