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There may be some factors suggesting a California worker is an employee and others suggesting he or she is an independent contractor. It is even possible that a worker can be considered an independent contractor for purposes of IRS tax filing, but they are considered an employee under California's wage and hours laws.
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
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.
If a worker is classified as an independent contractor for federal and California tax purposes, they may receive a 1099-K, 1099-MISC, or 1099-NEC from a hiring entity which would report payments being made to the worker, dependent on the type of payments received and/or the amount of the payments.
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.
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.
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.
Wage & Hour LawIndependent contractors are not considered employees under the Fair Labor Standards Act and therefore are not covered by its wage and hour provisions. Generally, an independent contractor's wages are set pursuant to his or her contract with the employer.
As a general rule, when businesses pay freelancers or independent contractors more than $600 in a calendar year for work related to their trade or business they must issue the worker either a federal Form 1099-NEC or a Form 1099-MISC.
The only problem is that it is often illegal. There is no such thing as a 1099 employee. The 1099 part of the name refers to the fact that independent contractors receive a form 1099 at the end of the year, which reports to the IRS how much money was paid to the contractor.