Legal Question in Employment Law in California
Can I be an employee and independent contractor?
I recently left an editor position with a magazine. I'm continuing on as a part-time editor, and am being paid as an employee (16 hours a week). I also contribute regular articles, and until a few weeks ago, those per-piece payments appeared on my employee paycheck. Now, however, I am being paid for those separately as an independent contractor. Is this legal?
1 Answer from Attorneys
Re: Can I be an employee and independent contractor?
There are about 20 factors that go into a determination of whether you are an employee vs. an independent contractor. The most significant factor is the degree of control over the work you do. If your writing is completely voluntary and free of the magazine's control (except, of course the editing), you may well be considered an independent contractor for the articles you write.
You will need to consult with a labor law attorney to review all the details of your current situation to get a more comprehensive opinion.
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