California Self-Employed Independent Contractor Consideration For Hire Form

State:
Multi-State
Control #:
US-INDC-25
Format:
Word; 
Rich Text
Instant download

Description

This is a form used by an employer to determine if a prospective applicant for a job meets the status of an independent contractor.
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FAQ

Generally speaking, the difference between independent contractors and employees in California is whether or not the entity paying for services has the right to control or direct the manner and means of work (tending to signify an employment relationship), or whether the person providing the services has independently

An individual is an independent contractor in California only if they meet all three (3) requirements of the test: The worker remains free from managerial direction and control related to the worker's performance. The worker performs duties outside the scope of the company's course of business.

Now, regarding the contractor handbook. Do not give contractors a copy of your employee handbook and do not attempt to combine information for employees and contractors into the same handbook. Doing so will confuse them and you, and possibly indicate that you are treating them as an employee.

The Ruling As a result, Prop 22 removes app-based drivers from the workers' compensation system because workers compensation only applies to employees and not independent contractors.

Form 1099-NEC & Independent Contractors.

FEHA typically protects independent contractors as well as employees.

What Is Prop 22 and How Does It Affect AB5? Prop 22 was a ballot measure that passed on November 3, 2020. It declares that app-based transportation companies, such as rideshare (i.e. Uber and Lyft) and food delivery companies (i.e. Grubhub), are exempt from AB5 and its drivers are classified as independent contractors.

IRS Tax Form 1099-NEC. As of the 2020 tax year, the IRS Form 1099-NEC is the independent contractor tax form used by businesses to report payments to a contract worker in the previous tax year. This tax form for independent contractors is filed with the IRS and is also provided to the contractor for reporting income.

The 1099-NEC is now used to report independent contractor income. But the 1099-MISC form is still around, it's just used to report miscellaneous income such as rent or payments to an attorney. Although the 1099-MISC is still in use, contractor payments made in 2020 and beyond will be reported on the form 1099-NEC.

Who is covered by the employment part of the Fair Employment and Housing Act? The FEHA applies to public and private employers, labor organizations, apprentice training programs, employment agencies, and licensing boards. An employer can be one or more individuals, partnerships, corporations or companies.

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California Self-Employed Independent Contractor Consideration For Hire Form