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Advantages of being an independent contractor over being an employee include more control since you're your own boss. You might earn more as an independent contractor, and the tax benefits can include deducting your business expenses. The drawbacks to being an independent contractor include more responsibility.
The basic test for determining whether a worker is an independent contractor or an employee is whether the principal has the right to control the manner and means by which the work is performed.
Independent contractors are paid hourly or per project, are free to set their own schedule, and their work is not the core of the business. Relationship: A worker with a written contract with benefits or exclusivity requirements would more than likely be considered an employee and not an independent contractor.
California Law states that a worker may be considered an independent contractor if (1) the worker has the right to control the performance of services, (2) the result of the work is the primary factor bargained for, and not the means by which it is accomplished, (3) the worker has an independently established business, ...
Employees have to personally do the work they have been assigned and cannot decide to hire helpers or assistants without the express consent of the payer. Independent contractors and freelancers do not personally have to carry out the work for which they have been hired.