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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 118078
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Fpr a video production company, what is the difference

Customer Question

Fpr a video production company, what is the difference between an IC and an employee
JA: Have you documented this or discussed it with HR?
Customer: no. I'm a small independent company
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I only hire people per job
JA: Anything else you want the lawyer to know before I connect you?
Customer: usually one day at a time
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
An independent contractor is one who is brought in because of their specialty and is not directed or controlled by your company in the performance of their job. So, for example, bringing in set designers and hiring them to build your set, they are not controlled by you and you do not supply their equipment, so they can be independent contractors. See:
An employee would be someone whose function is part of the employer's function, is provided tools to do their job by the employer, is supervised by the employer and has their work directed and controlled by the employer.
As far as being union, that is all dependent on you and the area you are working in, you could be independent, meaning no union. There is no legal designation as full or part time, that is up to your company and the hours you need them to work. Pretty much, unless you are union, all of your employees would be at will employees, meaning they could be fired for no reason at all or any reason at all not based solely on their age/race/sex/disability/national origin.
Customer: replied 1 year ago.
How about camera operators, sound recorder, makeup artist and Teleprompter operator.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Generally, unless you are hiring a separate company for each of those functions, those people are essential to video production and would be employees.
Customer: replied 1 year ago.
But does folks brings their own equipment and I don't give them direction. Doesn't that matter?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you are hiring out those people and they come in without supervision and direction to do the job, then they could qualify as independent contractors. The issue in making the determination is the control you exercise over them, as you can see by the link I provided above. If your workers do not fit into that employee criteria, you can contract them as independent contractors.