1. what can I do to address the hours issue this person will bring up?
A: You can say something like: It seems to me that you intend to exercise control over the manner and method by which I perform my work. That's fine, if that's what you want, but if so, then I expect to be compensated as an employee, which would include payroll tax remittance (FICA, unemployment, workers compensation, SDI, health care, retirement, etc.). If you insist on my working as if I were an employee, and you don't pay my employment benefits, then I'll have to file a DE 230 with the California Employment Development Department and an SS-8 with the IRS. I believe that would probably create some fairly substantial financial liability for your organization. But, it's your choice, so just let me know what you prefer.
2. is this a co-employment issue?
A: I am unaware of the term "co-employment." The legal term, as far as I'm aware, is "misclassified employee" -- and, "yes," it's an issue that could cost the putative employer a small fortune if you were to report the relationship to the EDD and IRS.
3. do I have rights and what are they?
A: See Form DE 230
, and SS-8
. California law is extremely hostile
to the independent contractor relationship. In almost every case, personal service agreements which are claimed to be independent contractor end up being employment, if the worker complains to the government. The penalties for misclassifying an employee are huge. Between Uncle Sam and the State of California, penalties for one misclassification can amount to over $100,000 for each tax year during which a misclassification occurs!
BotXXXXX XXXXXne, there is very little risk to the employee, and very substantial risk for the employer.
4. can they state in a contract that I have to be onsite everyday...even as independent contractor regulate my hours, cap my hours (and ask for more hours and not pay for them)?
A: They can state whatever they want. But, if they cross the line and start controlling you as if you are en employee, then the government and the courts will declare that you are an employee, and the result will be the employer's worst nightmare.
Hope this helps.
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