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Independent contractors are not entitled to benefits from the company, such as health insurance or retirement, and are ineligible for unemployment benefits. Independent contractors are even exempt from employment discrimination laws governing wages and hours worked.
Have a clearly defined scope of work and contract in place with clients. This is your first step in having open lines of communication between you and your client. Get general/professional liability insurance. Hiscox is a good place to start if you are a new business.
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.)
Contractors aren't considered employees, so as long as you follow the agreed upon contract, you can let them go as needed and they cannot sue for wrongful termination. 1099 employees, however, can sue for breach of contract, if you don't respect the contract terms and conditions.
Independent contractors are required to take care of their own state and federal taxes and are not W2 employees. They will report their earnings on a 1099-MISC form, and they do not receive overtime pay. When employers report the work of staff on a W2, this automatically changes their status to that of the employee.
Traditionally, independent contractors in California have the rights to decide when and where they work, set their own fees, have multiple clients, have their own tools/materials, provide skills or expertise that is not part of a company's usual repertoire, etc.
As mandated by IRCA, an individual or entity (client) is NOT required to obtain Form I-9, or otherwise inquire about immigration status from independent contractors or sporadic domestic workers.
How to Write a Contractor Agreement Outline Services Provided. The contractor agreement should list all services the contractor will provide. ... Document Duration of the Work. Specify the duration of the working relationship. ... Outline Payment Terms. ... Outline Confidentiality Agreement. ... Consult with a Lawyer.