California Self-Employed Independent Contractor Questionnaire
Description
How to fill out Self-Employed Independent Contractor Questionnaire?
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FAQ
The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. If you are an independent contractor, then you are self-employed.
The original exemptions to AB5 extended to doctors, dentists, insurance agents, lawyers, accounts, real estate agents, and hairstylists, among others. Now, eight months after AB5 went into effect, more industries and occupations have been exempted from AB5.
California Labor Code section 3353 defines an Independent contractor as a person who renders service for a specified recompense for a specified result, under the control of his principal as to the result of his work only and not as to the means by which such result is accomplished." The label itself, however, is not
In September of 2019, Governor Newsom signed Assembly Bill (AB) 5 into law. The new law addresses the employment status of workers when the hiring entity claims the worker is an independent contractor and not an employee.
Control of assistants. If a company hires, supervises, and pays a worker's assistants, this control indicates a possible employment relationship. If the worker retains control over hiring, supervising, and paying helpers, this arrangement suggests an independent contractor relationship.
The Borello test applies to jobs that are not covered by the ABC test. Another exception, Proposition 22, was approved by California voters in November 2020 and does make certain gig workers independent contractors.
Independent contractors use 1099 forms. In California, workers who report their income on a Form 1099 are independent contractors, while those who report it on a W-2 form are employees. Payroll taxes from W-2 employees are automatically withheld, while independent contracts are responsible for paying them.
Under the ABC test, a worker is an IC only if he or she meets all of the following: (A) The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.
In September 2019, Gov. Gavin Newsom signed new state legislation, Assembly Bill 5 (AB5), into law. Effective January 1, 2020, AB5 affects independent contractors throughout California, radically changing 30 years of worker classification and reclassifying millions as employees.
