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Independent contractors are self-employed workers who provide services for an organisation under a contract for services. Independent contractors are not employees and are typically highly skilled, providing their clients with specialist skills or additional capacity on an as needed basis.
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.
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.
The most common business organizations for Independent Contractors include C-corporation, S-Corporation, Partnership, Limited Partnership (LP), Limited Liability Partnership (LLP), Limited Liability Company (LLC), and Sole Proprietorship.
Independent contractors are not covered by California's overtime and other wage and hour laws. However, employers cannot get around California wage and hour laws by simply declaring that an employee is an independent contractor, or by making the employee sign an agreement stating that s/he is an independent contractor.
All work required of the contract is performed by the independent contractor and employees. Independent contractors are not typically considered employees of the principal. A "general contractor" is an entity with whom the principal/owner directly contracts to perform certain jobs.
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.
If Architect is retained for construction administration, Architect will review lien waivers of contractor, subcontractors and suppliers with each pay application. Architect's contract is entered into based upon a standard of mutual trust, good faith and fair dealing.
The independent contractor can be anyone: An architect who is preparing architectural plans for a new restaurant or building for your company. A software engineer hired to create software for your company or to do programming for maintenance of your company's existing software.
The new law was effective on January 1, 2020. AB 5 requires companies to reclassify independent contractors as employees with a few exceptions to the rule. The bill was designed to increase regulation over companies that hire gig workers in large numbers, including DoorDash, Shipt, Postmates, Uber, and Lyft.