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What is California independent contractor law?
Are California workers independent contractors?
Do independent contractors get paid in California?
Are independent contractors still a legal issue in California?
Jul 29, 2023 · Businesses use this law, which went into effect on January 1, 2020, to determine if a California worker qualifies as an independent contractor or an employee. A business may incur significant costs as a result of worker misclassification, including heavy fines, potential wage and hour violation lawsuits, and reputational damage.
California’s wage and hour laws (e.g., minimum wage, overtime, meal periods and rest breaks, etc.), workplace safety laws, and retaliation laws protect employees, but not independent contractors.
Apr 7, 2023 · AB 5 and First Amendment. In 2022, the U.S. Court of Appeals for the 9 th Circuit held that AB 5’s requirements pertaining to independent contractors did not violate the First Amendment.
- James P. Carter
- Jackson Lewis P.C.
In 2018, the California Supreme Court drastically changed the standard in California when it adopted the “ABC Test” for determining whether an individual is an employee or independent contractor under the state Industrial Welfare Commission (IWC) Wage Orders. Dynamex Operations West, Inc. v. Superior Court of Los Angeles, 4 Cal.5th 903, 416 P.3d 1.
The Internal Revenue Service, the U.S. Department of Labor, and the State of California have various rules and regulations for classifying independent contractors. It is critical to understand your rights as an independent contractor and how to protect your status as one.
Feb 20, 2023 · Independent contractors are workers in business for themselves. The consequences of misclassifying workers can be severe. A California lawyer explains the law.
- Attorney at Law
Under California Labor Code § 226.8, it is unlawful for any employer to willfully misclassify an individual as an independent contractor. Engaging in willful misclassification can subject an employer to a civil penalty by the Labor and Workforce Development Agency of anywhere from $5,000 to $15,000 for each violation.
