Legal Question in Workers Comp in California
What is the minimum window of time a newspaper carrier (working as an independent contractor) has to do their work (insert, band, and bag their papers) before they are considered an employee?
1 Answer from Attorneys
Time is not really a factor. One looks at whether the newspaper can hire and fire at will or hires yo by the project, does it tell you how the work must be done, require you to be at work during certain hours, describes you as an employee and withholds certain payments and makes some on your behalf like pension, social security. Although you have certain freedoms of action associated with being an independent contractor, the amount you can charge the customers, the time frame the paper has to be delievered, their ability to give the route to someone else, etc., suggest you really are an employee, but it would cost a lot in legal fees to try to prove your case.