Under CA law, you are presumed to be an employee and the employer must provide workers comp insurance and withhold taxes. This presumption can be overcome by a showing by the employer that you are not in fact an employee.
The most significant factor to be considered is whether the person to whom service is rendered (the employer or principal) has control or the right to control the worker both as to the work done and the manner and means in which it is performed. Additional factors that may be considered depending on the issue involved are:
- 1. Whether the person performing services is engaged in an occupation or business distinct from that of the principal;
- 2. Whether or not the work is a part of the regular business of the principal or alleged employer;
- 3. Whether the principal or the worker supplies the instrumentalities, tools, and the place for the person doing the work;
- 4. The alleged employee’s investment in the equipment or materials required by his or her task or his or her employment of helpers;
- 5. Whether the service rendered requires a special skill;
- 6. The kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the principal or by a specialist without supervision;
- 7. The alleged employee’s opportunity for profit or loss depending on his or her managerial skill;
- 8. The length of time for which the services are to be performed;
- 9. The degree of permanence of the working relationship;
- 10. The method of payment, whether by time or by the job; and
- 11. Whether or not the parties believe they are creating an employer-employee relationship may have some bearing on the question, but is not determinative since this is a question of law based on objective tests.
If your employer does not control how and when you perform the work and the other factors do not support an employer-employee relationship, then the company would not typically be required to withhold taxes or provide workers comp insurance and you are not required to provide it for yourself normally.
To obtain a final determination as to how you should be classified, you should contact the state labor board.
Here is a link to their website with more information:
Good luck and take care.
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