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.
Please remember to assign a feedback rating so JA will compensate me for my time. You are free to ask follow-up questions thereafter at no charge. Please allow up to 24 hours for a follow-up response if I am signed off.
If, for some reason, you are not satisfied with the answer, I would appreciate knowing why so that I can try to clear up any misunderstanding that may have taken place and still earn a positive rating from you. If you would rather obtain a refund of your deposit, just let me know and I will inform JA on your behalf. Finally, you may request me in the future by beginning the question with "THIS IS FOR MAVERICK".
Thank you for using Just Answer