Legal Question in Construction Law in California
Independant Contractor
I operate a drywall outfit and piece some drywall work out to a crew that has worked for me on numerous occasions. Can I hire them under the status of Independant Contractor even though the crew operator isn't licensed?
3 Answers from Attorneys
Re: Independant Contractor
Not legally.
Re: Independant Contractor
Not a good idea since you direct them and fall under the other requirements for an employer rather than them falling under the requirements for independent contractor.
Been in this situation before, I think the CSLB limits the jobs to $500, or somewhere thereabouts.
Just not a safe idea from your standpoint...cheaper, but most likely a violation of the Labor Code.
Re: Independant Contractor
No, since the work requires a license, they either must work as employees under your license or, if you wish for them to be independent contractors, they MUST have a license. Since they would be your employees, you must pay their taxes and worker's compensation. If you don't pay their worker's compensation, then you are considered unlicensed which leads to a whole mess of problems.
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