California Employment Law
California Employment Law Questions Answered by Legal Experts
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If you are receiving a W2 and not a1099 then you are considered an employee and not an independent contract. In California, there is a requirement that all employers of employees pay unemployment insurance as a matter of law.
Welcome to the chat
OK - is there a link to a website that you can provide that states this? I would like to send to my HR department!
Please give me about 10 minutes to find it for you
Here is something to start with, though there is a better link, I just have to find it for you
Ideally I need something that deals with the situation where the person is paid hourly but is given a W2
I am certainly in a different category in my company than a regular 'employee' as I work 10-15 hours per week, do not get vacation time or benefits, etc. However I still do get a W2
Thanks for looking for me
Not a problem. I know exactly the document you are looking for, I just have to find it for you. Sometimes the California websites are difficult to navigate. Please give me a few more minutes
I should actually ask before I keep looking. Do you make at least $7,000 per year?
About $100K per year
Let me take a look at it
Please take your time
Is there a specific page that addresses my situation?
On page 5 and 6, it explains that an employer hires an employee under the circumstances that you describe.
If that is not sufficient, please tell me and I will find you something else
I guess the question I have is: what is the difference between myself (a 'W2-contractor' who is treated by CA state government as an employee for tax purposes) and a regular employee
If the employer has a policy to give benefits through the company, i.e. health insurance, etc. Then you would not be entitled to those benefits. However, under California Labor Laws, if they provide you with a W2 and not a 1099 they are required to provide you with worker's compensation insurance coverage
The differences I see are that my wage is hourly, not annual; I don't count as an FTE; I don't get benefits. Are these actual legal differences, or just internal accounting differences
OK - so I am not entitled to health insurance, pension etc.
But I am entitled to CA disability, workers comp and unemployment
Correct, and additionally, a non-compete may be enforceable against you for a limited amount of time
Whereas if you were an employee it would not be enforceable
It all makes sense and I will write an email to HR
Have I fully answered your question today?
I thought that I probably was entitled to it if my babysitter who makes $10,000 a year was!!
You are in fact correct
Thanks for your help - I think I am all set
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