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A willful misclassification is defined as avoiding employee status for an individual by voluntarily or knowingly misclassifying that individual as an independent contractor. Section 226.8(b) imposes penalties of between $5,000 and $15,000 for each violation.
As an independent contractor, you may have more freedom to choose how you complete your work, but you are responsible for paying your own taxes, getting your own health insurance, and paying into unemployment and workers comp funds if you wish to access those benefits.
How do I know if I'm an independent contractor or an employee in California?You are paid by the hour.You work full-time for the company.You are closely supervised by the company.You received training from the company.You receive employee benefits.Your company provides the tools and equipment needed to work.More items...
Improperly classifying workers as independent contractors rather than employees deprives the state and federal governments of properly due tax revenue, including income, Social Security, Medicare, and unemployment taxes, that are needed to pay for public services and benefits such as unemployment insurance.
Your employer cannot simply call you an independent contractor to avoid federal and state legal requirements if the characteristics of your job resemble those of an employee, then your employer must treat you as an employee. An independent contractor's job is characterized by independence.
Contractors (sometimes called consultants) are self-employed people engaged for a specific task at an agreed price and with a specific goal in mind, often over a set period of time. They set their own hours of work and are paid a fee for completing each set assignment.
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.
The California Misclassification Penalty The penalty can range between $5,000 and $15,000 per violation and if an employer has been proven to engage in a pattern of willful misclassification, the courts can fine them an additional $10,000 to $25,000.
1099 Worker DefinedA 1099 worker is one that is not considered an employee. Rather, this type of worker is usually referred to as a freelancer, independent contractor or other self-employed worker that completes particular jobs or assignments. Since they're not deemed employees, you don't pay them wages or a salary.
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.