If It Walks, Talks and Looks Like an Employee...


Identifying workers as independent contractors is a precarious undertaking. Many

employers believe that labeling a worker an "independent contractor" will end the

classification inquiry. The inquiry, however, will reach beyond definitions included in a

contract. Whether a worker is properly classified as an independent contractor is based on

multiple factors. And the standards for determining whether a worker is properly classified

as an employee or independent contractor vary between federal and state law. Employers

in California and now, out-of-state firms with workers in California, should pay heed to the

increasing enforcement of this significant legal distinction.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Eli Kantor | Attorney Advertising

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