Legal Question in Employment Law in California
I am starting a part time job. My employer wants to hire me as an independant contractor.What is the benefit to having an independant contractor status vs employee?
2 Answers from Attorneys
There really are no benefits to being an independent contractor (as opposed to an employee), only drawbacks, the most important of which is that an IC is not protected by California wage and hour and discrimination/retaliation laws. However, the fact that you are hired as an IC or agree to sign an IC contract does not automatically make you an IC.
I strongly advise you to read the following FAQ Sheet on the California Department of Industrial Relations website:
http://www.dir.ca.gov/dlse/faq_independentcontractor.htm.
Ari
Unless you are properly classed and qualified to be an IC, you and the employer face legal problems with taxes and contributions.