Legal Question in Employment Law in California

I'm a college student in California who's been hired as a part-time, temporary office assistant. I'm to be paid an hourly wage. My employer is an assistant for an investment company. She's just moved locations & wants help organizing/filing/scanning years' worth of documents in a home office. Neither of us know how long that will take so there's no set length of employment. The location is determined by the employer (home office) since that's where all the documents are, the time was agreed upon by both of us (hours that fit her work and my class schedules), and all the equipment I'll be using will be the computers and machines in her home office. There's no dress code as we'll be the only ones in her home office most of the time. She has another temporary part-time worker hired to help organize as well, though I'm not sure of the specifics of that job. There are, of course, no benefits.

The employer wants to hire me as an independent contractor and have me fill out W-9 form, after which she'll fill a 1099. I've read IRS Publication 15-A but I'm still not sure whether I should be classified as an employee or an independent contractor. I really need the job but I don't want any problems with the IRS. Am I really an independent contractor?

Thank you.


Asked on 9/16/16, 4:44 pm

1 Answer from Attorneys

A more thorough review of the situation would be needed to give a definitive answer, but it sure sounds like you would have to be classified as an employee, not an independent contractor.

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Answered on 9/19/16, 10:35 am


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