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Under Labor Code section 226.8, which prohibits the willful misclassification of individuals as independent contractors, there are civil penalties of between $5,000 and $25,000 per violation. Willful misclassification is defined as voluntarily and knowingly misclassifying an employee as an independent contractor.
Simply put, as long as you can offer your services to other businesses, have an established entity, and provide a unique skill set, you are likely an independent contractor.
FEHA typically protects independent contractors as well as employees.
Becoming an independent contractor is one of the many ways to be classified as self-employed. By definition, an independent contractor provides work or services on a contractual basis, whereas, self-employment is simply the act of earning money without operating within an employee-employer relationship.
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.
The Fair Employment and Housing Act (FEHA) applies to public and private employers, labor organizations and employment agencies.
Proposed and approved during the November elections, Proposition 22 reclassified many drivers and gig workers as independent contractors.
AB 1670 becomes effective on January 1, 2000 and will apply to all California employers. The Bill will permit independent contractors to sue employers for harassment, including harassment based on age, religion, national origin, sex, marital status or disability.
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.