Legal Question in Employment Law in California
Can part-time employee work as landed services to enother company
My employer has two companies. I was employed as a full time worker for one of the companies. Now I am about to start enother project with the same employer for his other company and wanted to be hired as a vendor and continue working for the previous company part time. My employer will need to lend my services to a third party company on part time bases. Can I be employed as a independent contractor/vendor for a company who lends my services to enother company, but pays my services? Is there are any lows regarding this matter in California I can read about?
Can the same person work as a full time employee for one company and part time for enother company for the same employer?
1 Answer from Attorneys
Re: Can part-time employee work as landed services to enother company
You have a very confusing and multi-layered question, but the answer appears to be yes, you can work for multiple employers at the same time. There is no prohibition under most circumstances to have both a full-time and a part-time job, especially where the two jobs are with commonly owned companies, so there is no breach of your duty of loyalty.
Going the independent contract route, however, is risky for both you and your employer. If you would legally be considered an employee, the IRS and other government agencies are suspicious that the arrangement has been made to avoid payroll taxes. It is better to err on the side of caution and remain an employee.
Understanding the legal entities of the employer's two companies is also important; if they are legally the same entity, your employer may have an obligation to pay overtime for the "part-time" work you perform for the "second" company.
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