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Asked on Sep 16, 2021

Employee or "independent contractor"

Hello, I'm starting a janitorial company. and I'm trying to keep my cost down. as of right now i will be doing all the "cleanings" if i get to over whelm i might need help for one or two gigs which would be 8 hrs or 16 hrs every two weeks if that. so i wanted to see if in California if im able to get help and have them come in as a independent contractor?

1 Attorney answer




Answered 365 days ago

Alen A.

ContractsCounsel verified

Business Lawyer
Licensed in California
Free Consultation

Hi there, In California, workers are presumed to be employees UNLESS a company can prove ALL THREE of the following: 1) Control: Worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact; 2) SCOPE: The worker perform work that is outside the usual course of the hiring entity's business; and 3) TRADE: The worker is customarily engaged in an independently established trade, occupation or business of the same nature as that involved in the work performed. AB5 does list occupations that are exempt from the test above but your occupation isn't one of them. I would need more information to give you legal advice but based on your question, you will not likely be able to have them as independent contractors.

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