When is an independent contractor really my employee for California employment purposes?
UPDATED: January 28, 2009
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Other factors: The court also identified other secondary factors. These include:
- whether the one performing services is engaged in a distinct occupation or business;
- the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the principal or by a specialist without supervision;
- the skill required in the particular occupation;
- whether the principal or the worker supplies the instrumentalities, tools, and the place of work for the person doing the work;
- the length of time for which the services are to be performed;
- the method of payment, whether by the time or by the job;
- whether or not the work is a part of the regular business of the principal; and
- whether or not the parties believe they are creating the relationship of employer-employee.
The totality of circumstances is considered. This leaves California employers guessing as to whether a party is an independent contractor or employee. To be on the safe side, chose employee status in the absence of advice from a California lawyer.