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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1823
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I am a contractor in California, but get a W2. The company

Resolved Question:

I am a contractor in California, but get a W2. The company I work for withholds federal and state taxes, as well as Social Security and Medicare.

My question: Are they required to pay CA state disability and unemployment insurance?

Note we pay our babysitter in a similar way and we DO pay her CA state disability and unemployment.

Thanks for your response - I tried to reach EDD and of course that was an exercise in futility.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

I am a licensed attorney here to help you with your question. I appreciate your patience while I respond to you. Please remember to only rate my answer when you are 100% satisfied. I strive to provide excellent service, so if there is anything else I can help you with, or if you need additional clarification, please do not hesitate to ask. If you feel the need to click either "Poor Service" or "Bad Service", PLEASE STOP and reply to me via the REPLY TO EXPERT button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek. If you feel that I am unable to do so, please inform me of such and I will be happy to opt out of this question so that another expert may better assist you.

Employment-LawExpert :

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.

Employment-LawExpert :

Welcome to the chat

Customer:

OK - is there a link to a website that you can provide that states this? I would like to send to my HR department!

Employment-LawExpert :

Please give me about 10 minutes to find it for you

Customer:

Sure thanks

Employment-LawExpert :

Here is something to start with, though there is a better link, I just have to find it for you

Customer:

Ideally I need something that deals with the situation where the person is paid hourly but is given a W2

Customer:

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

Customer:

Thanks for looking for me

Employment-LawExpert :

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

Customer:

sure

Employment-LawExpert :

I should actually ask before I keep looking. Do you make at least $7,000 per year?

Customer:

yes

Customer:

About $100K per year

Customer:

Let me take a look at it

Employment-LawExpert :

Please take your time

Customer:

Is there a specific page that addresses my situation?

Employment-LawExpert :

On page 5 and 6, it explains that an employer hires an employee under the circumstances that you describe.

Employment-LawExpert :

If that is not sufficient, please tell me and I will find you something else

Customer:

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

Employment-LawExpert :

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

Customer:

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

Customer:

OK - so I am not entitled to health insurance, pension etc.

Customer:

But I am entitled to CA disability, workers comp and unemployment

Employment-LawExpert :

Correct, and additionally, a non-compete may be enforceable against you for a limited amount of time

Customer:

Right

Employment-LawExpert :

Whereas if you were an employee it would not be enforceable

Employment-LawExpert :

Correct

Customer:

OK interesting.

Customer:

It all makes sense and I will write an email to HR

Employment-LawExpert :

Have I fully answered your question today?

Customer:

I thought that I probably was entitled to it if my babysitter who makes $10,000 a year was!!

Employment-LawExpert :

You are in fact correct

Customer:

Thanks for your help - I think I am all set

Brandon, Esq., Lawyer
Satisfied Customers: 1823
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 2 other California Employment Law Specialists are ready to help you

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