California Employment Law
California Employment Law Questions Answered by Legal Experts
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?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).