California Employment Law
California Employment Law Questions Answered by Legal Experts
In order for you to be paid as an independent contractor you need to be correctly classified as one.
For additional discussion see this website:
If you believe you are being misclassified as an independent contractor you can file a wage claim against your employer with the Department of Industrial Relations for the amount that you should be paid as an employee.
You can file the claim using the forms available online here:
It seems that the most relevant factor for me would be:
"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."
Can you explain what this means? I do not see that I will have any more control over my work than I had as a W-2. I will be doing the same exact work, including covering for my co-worker physician when he is on vacation, but with reduced pay as I will be paid piecemeal for each sleep study I interpret and guaranteed no salary.
In your answer below did you mean to say "working at the employer's facility..." (you wrote employee's facility). Because of my disability I work almost entirely at home and have for 7 years.
If you are being scheduled by the employer, including covering for your co-worker,and you are working at the employee's facilities then you should be classified as an employee and not an independent contractor.
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