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Maverick, Attorney
Category: Legal
Satisfied Customers: 6392
Experience:  20 years experience as a civil trial and appellate lawyer
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We are a corporation in California. Our Bus. Includes (

Customer Question

Hi, we are a corporation in California. Our Bus. Includes ( cleaning houses, apartments, maid service). We have around 15 regular employees. Once a yer we hire extra help ( about 30 more workers) for a temporary job that last 1 or 2 weeks only. I was told by a EDD representative that there was not need to require any documentation from these extra workers and that a written contract was not required for employment under 1 month. In the past we have paid these workers with a Company check with no deductions. My Questions to you are. A) Do we have to require any documentation ( I-9 , soc sec. and alike) at the time of employment – B) Do we need a written contract – C) Do we need to make withholdings from their pay checks. Thank you
Carlos Narbais (###) ###-####
Silvia;s Cleaning Company, Inc
Submitted: 2 years ago.
Category: Legal
Expert:  Maverick replied 2 years ago.
Welcome. My name is Maverick. I very much enjoy what I do and I hope that you will benefit from the information or assistance that I provide.
The question you are asking is whether the temporary workers can be treated as independent contractors for the purposes of CA employment law.
When a CA employer hires an employee for a temporary period (e.g., for seasonal work or a short-term need), the temporary employee is still an employee. The relationship is governed by the same laws that apply to other employees. So you are required to obtain the same documentation at the time of employment.
While a contract is not required, it is good to get something signed from each employee that they understand, accept and agree that they are at will employees only. This is good to do for all your employees.
Also, as with any employee, legally-mandated benefits, such as workers’ compensation and unemployment insurance, must be offered to temporary employees. Optional benefits, such as retirement plans, may or may not extend to temporary employees, depending on the terms of the documents governing those plans.
This all does not apply if the worker qualifies as an independent contractor. A true independent contractor is not considered an employee. Instead, such an individual is considered self-employed and payments made to him are considered 1099 contract payments, rather than wages.
The IRS and other governmental agencies use various tests for determining whether a worker is an employee or an independent contractor. As a practical matter, workers who perform the same job and report to the same supervisors as regular employees are typically going to be deemed to be employees, no matter what their title is or what their contract with the business that hires them says.
At the link above is the test that the EDD uses.
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