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As an independent contractor, you have the right to market your services to other businesses and can work with more than one client at a time. Even if you have a long-term contract with a particular client, you can choose to work on additional projects as well.
CARES Act II contains a new provision: unemployed or underemployed independent contractors who have an income mix from self-employment and wages paid by an employer are still eligible for PUA. Under CARES Act I, any such worker was typically eligible only for a state-issued benefit based on their wages.
Independent contractors are not employees, and therefore they are not covered under most federal employment statutes. They are not protected from employment discrimination by Title VII, nor are they entitled to leave under the Family Medical Leave Act.
California is an employment-at-will state, meaning that the employer can choose to fire you at any time without providing a reason. It also means that you can stop working for the employer at any time.It is important to note that independent contractors are not allowed to bring lawsuits against employers.
The Bottom Line The CARES Act makes state unemployment benefits available to self-employed, freelance, independent contractor and other gig workers unemployed or underemployed by the COVID-19 pandemic. Benefits are boosted by $600 over regular state benefits, and can be claimed for up to 39 weeks.
Independent contractors whose wages are not paid may sue the person who hired them under contract theories of law. Employees may sue employers who do not pay them under State and Federal wage laws. Though both laws can provide for payment, they have meaningful legal differences.
If you pay independent contractors, you may have to file Form 1099-NEC, Nonemployee Compensation, to report payments for services performed for your trade or business. If the following four conditions are met, you must generally report a payment as nonemployee compensation.
It is important to understand at the outset that an independent contractor does not have the same protection under employment law as does an employee.For example, the independent contractor cannot lodge an unfair dismissal dispute with the CCMA or the Bargaining Council.
As an independent contractor, you have the right to market your services to other businesses and can work with more than one client at a time. Even if you have a long-term contract with a particular client, you can choose to work on additional projects as well.