california cause of actio for misclassification

Does the company control or have the right to control how the worker does his or her job?.To decide the classification of a worker, an employer must assess all the facts that reflect the level of control and independence of that worker. They are usually treated as self-employed for all federal tax purposes, including income and employment taxes. “Statutory nonemployees” are generally direct sellers and licensed real estate agents.“Statutory employees” are workers who would be independent contractors under the common law rules, but who may be treated as employees by statute for certain employment tax purposes.An “employee” is anyone who performs services for you, if you can control what will be done and how it will be done.The general rule is that one is an independent contractor if the person for whom the services are performed have the right to control or direct only the result of the work and not the means and methods of accomplishing the result.

“Independent contractors” often have their own business or trade.There are four worker classifications, defined as follows: These deductions would generally not be taken from an independent contractor. If a worker is classified as an employee, the employer normally must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages. Our experienced lawyers can help you determine the proper classification and offer legal advice if an error has been made.

If you are an independent contractor and hire subcontractors you must also choose the proper classification. Federal law regulates the way an employer must classify a worker, either as an employee or independent contractor.

California cause of actio for misclassification