California Employment Law
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Yes, he is an independent contractor
So, just to clarify...
When someone is a "1099," they are an independent contractor, correct?
In order for California Wage Law to apply (where wages would need to be paid within 72 hours), the employee would need to be a W2 employee?
I'm a little confused. I was reading another QA chain on the justanswer.com website & the Employment Law Expert stated the following:
"Absent a contract setting out the terms of what would happen in this situation [i.e. terminating a 1099 employee], firing a contractor without any prior notice requires an employer to pay all wages owed to the contractor immediately upon termination.
However, if there is a dispute concerning the amount owed, then you pay the 1099 employee the undisputed amount and refer the case to the California Department of Labor Enforcement for the remaining amount."
Is the above expert's answer also correct? In our case, is it because the 1099 contractor is currently showing a negative balance that we are not obligated to pay him at this time? But that we can delay paying him until our customer pays?
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