Legal Question in Workers Comp in California

Worker's comp

I own a nail salon. I have six employees and they get paid on commission. Every two weeks I pay them their comission without withholding taxes and what not. They each file 1099 at the end of the year. As the business owner, am I responsible to have worker's comp insurance?


Asked on 7/18/07, 1:45 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Worker's comp

That is an issue of whether they truly are independent contractors [do you control them by requiring them to work specific hours as op[posed to just having enough available as needed, can hire and fire as you want as opposed to not renewing their month to month rental of their work space, payments in essence come to you and you then pay them a share as opposed to their paying you a flat amount for the space used, etc.]. If they are on commission, then they are employees and you need to have Workers' Comp. insurance coverage. Find out from one of the Comp. carriers how much they would charge you; my former employer State Fund used to be known as the least expensive but you can often get a discount by lumping your fire, thief, WC and other insurance together. See if you can find out from a trade association or elsewhere what it would cost you in liability insurance as to them being contractors. Remember that if they slip and fall at work under WC they immediately get benefits but you do not pay for an attorney and get into a distasteful situation as you might if they sued civilly.

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Answered on 8/08/07, 6:48 pm


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