Independent Contractors are a very limited group of individuals. Generally, they are people who own a business that provides services to the public. Employees are often mis-categorized as Independent Contractors. Individuals who work almost exclusively for one company, and who don't have a separate group of clients, generally will not meet the requirements to be considered independent contractors — they are employees. Even if the individual has a professional services license (attorney, CPA, mechanic, dentist, etc.) from the State, they may still be employees.
The State of California starts with the presumption that everyone is an employee. The burden to prove an employee is really an independent contractor is on the employer. Failure to make the case that the person is an Independent Contractor exposes the employer to serious penalties, interest, back wages, taxes, civil liability for damages caused by the employee, exposure to being uninsured for workers compensation insurance, etc.
If you are an employee who has been wrongfully categorized as an Independent Contractor, or an Employer with a claim for wages from an Independent Contractor, contact us for a free review of your case.
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