Are You Illegally Classified by Your employer as an "Independent Contractor" and Not An Employee?

California Labor Laws Overtime - Are You Illegally Classified by Your employer as an "Independent Contractor" and Not An Employee?

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Are You an Independent undertaker of a package deal or an Employee?

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California Labor Laws Overtime

Many businesses effort to avoid their responsibilities as employers by improperly categorizing employees as "independent contractors." By doing so, they effort to avoid paying owner contributions for such things as taxes, communal security, assurance and workers payment leaving the worker to pay self-employment taxes, assurance and other costs typically borne by the employer. added they effort to avoid wage and hour regulations (eg overtime and meal breaks), liabilities for discrimination and wrongful termination, and also seek to avoid liability for the negligent acts of the independent contractors.

An owner who improperly categorizes an worker as an independent undertaker of a package deal faces severe penalties from the taxing authorities, and may be liable to the worker for such things as overtime pay, vacation pay, assurance payments or other benefits. Doing so is illegal, and many independent contractors may have claims against their employers for the improper characterization.

There are several factors to think when determining either or not a worker is truly an worker under the law and not an independent covenant (regardless of what the owner calls them). Over the years a list of factors has been advanced by the courts and the taxing authorities in determining either or not a person is an "employee" or an "independent contract." These factors are codified in the relevant statutes of many states. For example, The California Labor Code §2750.5 provides in part:

Proof of independent undertaker of a package deal status includes satisfactory proof of these factors:

(a) That the individual has the right to control and discretion as to the manner of carrying out of the covenant for services in that the result of the work and not the means by which it is done is the former factor bargained for.

(b) That the individual is customarily engaged in an independently established business.

(c) That the individual's independent undertaker of a package deal status is bona fide and not a subterfuge to avoid worker status.

A bona fide independent undertaker of a package deal status is added evidenced by the nearnessy of cumulative factors such as vast venture other than personal services in the business, holding out to be in firm for oneself, bargaining for a covenant to unblemished a definite project for payment by project rather than by time, control over the time and place the work is performed, supplying the tools or instrumentalities used in the work other than tools and instrumentalities regularly and customarily in case,granted by employees, hiring employees, performing work that is not ordinarily in the procedure of the principal's work, performing work that requires a single skill, holding a license pursuant to the firm and Professions Code, the intent by the parties that the work association is of an independent undertaker of a package deal status, or that the association is not severable or terminable at will by the necessary but gives rise to an activity for breach of contract.

The key questions to ask are:

Does the owner have the right to control the manner in which the work is completed?

Does the contribute the tools and tool for the job? (as opposed to the worker providing his or her own tools and tool )

Is the worker prohibited from competitive against the owner and/or working for other employers at the same time?

Is the worker paid by the hour or with a salary? (as opposed to being paid to unblemished a clear project)

If the worker can retort some or all of the foregoing questions affirmatively, then that worker may very well be an worker entitled to all the ownership of an employee. If you think that you have had your employment status improperly categorized as an "independent contractor" by your owner you should contact an attorney to discuss your options.

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