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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: California Employment Law
Satisfied Customers: 17453
Experience:  B.A.; M.B.A.; J.D.
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We are a startup based in California (incorporated

Customer Question

Hello,We are a startup based in California (incorporated in Delaware).We have worker's compensation insurance for all of our on-site employees.1. We work with a few freelance writers who work remotely from their homes. Do we need worker's compensation for them?2. We are thinking of bringing in a few interns over the summer who will be working on-site. Do we need worker's compensation for them?3. We work with a company that sends in a consultant for work. Do we need to have worker's compensation for him if we just pay the company directly rather than paying the consultant?Thank you!
Submitted: 7 months ago.
Category: California Employment Law
Expert:  Phillips Esq. replied 7 months ago.
Hello,We are a startup based in California (incorporated in Delaware).We have worker's compensation insurance for all of our on-site employees.1. We work with a few freelance writers who work remotely from their homes. Do we need worker's compensation for them? Response 1: No, because they are Independent Contractors and not employees. 2. We are thinking of bringing in a few interns over the summer who will be working on-site. Do we need worker's compensation for them? Response 2: Yes, you do. 3. We work with a company that sends in a consultant for work. Do we need to have worker's compensation for him if we just pay the company directly rather than paying the consultant?Thank you! Response 3: No, you do not. Kindly give a positive rating to my post so that I can receive credit for answering your question—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this. Thank you for your cooperation.
Customer: replied 7 months ago.
Hi! Thank you for your quick response. Regarding the interns, I don't fully understand. Why are interns not considered to be contractors when they are not employees and are paid hourly?
Expert:  Phillips Esq. replied 7 months ago.
Generally, interns are considered employees. If you have a set up where they are not employees but are Independent Contractors, then you do not need to pay worker's compensation for them.
Customer: replied 7 months ago.
How can we set them up as non-employees?
Expert:  Phillips Esq. replied 7 months ago.
This is beyond the scope of this forum. I cannot give you legal advice.

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