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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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what if the employee is an independent contractor that signed

Customer Question

what if the employee is an independent contractor that signed a independent contractor agreement with a injury Claus stating the Independent contractor is obligated to obtain appropriate coverage, and an Indemnification Claus.
Would that be a good appeal for both the labor code citations
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Unfortunately, even if the employee signs an 'independent contractor' agreement, if the independent contractor is actually an employee then it wouldn't matter if he had signed such an agreement.

That would be a good basis for appeal if the independent contractor is actually an independent contractor, but in the majority of cases, independent contractors are misclassified, and should be classified as employees.

Generally, if you scheduled the employee's hours and provided the tools used on the job, the person would be considered an employee and not an independent contractor.

In order to determine whether the employee was an independent contractor or an employee you should consult the test set out here by the Department of Industrial Relations to see if you have a valid case for appeal: