Employees and independent contractors are two types of workers who are usually controlled by a company or a businessman. These statuses indicate a type of employees the business relationship that exists between employer and employee.

The main difference between a contractor and an employee is a degree of control and independence that an employer renders. To determine the degree, there are three parameters: behavioral control, financial control, and type of relationship.

A status of an employee is a constant presence of an employer. An employee has a constant income and other benefits, such as compensation. An employee has a certain set of skills and specific duties in a company that is important for doing business. Employees have a fixed salary for a certain period of time (month, week, hour) and a possibility of promotion. In the case of an accident during work, the employer provides compensation for a worker.

In exchange for these advantages, an employee refuses certain benefits and independence. It manifests in a schedule or a kind of work. An employee is regarded as an integral part of a company.

Another difference is that an employee works in a presence of an employer in office. In addition, an employer provides tools and methods for work, including training and further training. Most enterprises prohibit their employees to have “part-time” jobs.

On the other hand, contractors provide specific services for other enterprises. An independent contractor may be an individual or a legal entity. Unlike an employee, a contractor has less control and more independence.

An independent contractor may at the same time have a lot of customers. He has his own tools and methods of work. They set their own time and work rules. They are considered to be the third party. They aren’t actually a part of a company. Contractors in California, as a rule, self-pay all the taxes.

What Is the Verification for Determining Who Is an Independent Contractor?

In California, there are many state agencies that possess their own tests for defining whether someone is an independent contractor. Though each test differs somehow, most follow the same main concept: The more monitoring that the employer has over how the worker performs the project, the more likely he or she is an employee.

The same test that is used depends on what agency is concerned in the classification. For instance, the United Employee Law Group(UELG) has its own test if it considers your employer should have restrained payroll taxes from your wages or if it is determining whether you’re suitable for unemployment benefits.

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1. Your employer can terminate you at will, but only under certain conditionsIt would be illegal for an employer to terminate you if:• It violates the agreement contained in your employment contract with them.
   • If it is based on gender, race, color, nationality, religion, sexual orientation, age, disability or medical condition, language and marital status.
   • If it is as a result of reporting them to state law enforcement agencies.
   • If it because you filed a case against them.

   2. You have a right to be compensated for late wages

   The ‘waiting time’ penalties are awarded to you calculated on every single day of the delay for up to thirty days.

   3. You have a right of access to your personal file

   The law protects you from being denied accessing the contents of your personal file at any time you need it.

   4. Your former employer can only say ‘ true’ things about you as a referee

   Should your former employer be contacted for reference; it is illegal for them to give false information about you.

   5. You still have a right to unused vacation days after termination

   The law protects you from being denied compensation for vacation days you did not take. In the case you are terminated, you should receive payment for them.

   6. You are entitled to 12 weeks of unpaid leave annually

   These leave days allow you time to take care of ailing family members.

   7. You are entitled to health insurance benefits regardless of your job title

   Whether an employee or a contractor you have a right to health insurance.

   8. You have a right to pre-choose your worker’s compensation doctor

   You are allowed to choose the doctor you prefer to treat you under your employer’s group health plan. This is the doctor who would treat you in the case of injuries at the workplace.

   9. You have a right to refuse to work in poor and unsafe conditions

   The law protects you and even allows you to quit until the conditions are improved. You should ensure you inform of your intentions in writing for reference purposes.

   10. Whether or not you receive overtime pay depends on what you do

   You are exempt from overtime pay if:
   • You earn over $2340 a month
   • You are involved in managerial duties
   • You are in a profession such as teaching, accounting, music law, and if you are an editor.

   11. You are entitled to unemployment insurance even if you quit your job

   However, it is only if you quit job for a good reason. Good causes for quitting include:
   • Better job offers
   • Poor work conditions
   • Health concerns
   • Domestic matters, like having a violent spouse

   12. Your employer is not allowed to deduct your wages unreasonably

   It is illegal if the loss was not a result of negligence or gross misconduct on your part. It is only allowable if your employer can prove it was. It is also illegal for an employer to deduct the cost of tools and uniform from your pay.

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At one point in our lives we all need a lawyer. For employers this becomes a bit more often depending on the situation. Lawyers by trade know the state they passed the bar exam for. They know the laws for the state the practice in, this means they know the penal codes and other bits many of us do not. They know the ins and outs of situations all lawyers have a concentration. Such as family law, employment laws and so on make sure your lawyer is trained for employment law.

Situations when you need a lawyer the most

Firing an employee can be a tricky situation; if you do not consult a lawyer; since employees may sue for wrongful termination. The employment lawyer will tell you when a firing is legal this minimizes a lawsuit. When the employee has benefits that are due to pay out soon; get opinions as to how to deal with this. When the worker has access to a high security clearance within the company; this means they have access to confidential information about your company. When the employee denies committing the acts in which you are firing them for even after investigating them. You need an employment lawyer when firing over excessive absences since they can be covered under the FMLA act. You need to watch when you fire a female in an all male environment. You need an employment lawyer if the employee has filed a claim with a government agency. You need to consult a lawyer about discrimination and harassment complaints. Should you feel an employee has the ability to harm your other employees then you need a lawyer. You also need to consult a lawyer if the employee is disabled, pregnant, or practices some religions. You also need to consult a lawyer if the employee has a contract that limits how they can be fired.

You also need a lawyer when you classify employees as exempt and non-exempt for tax purposes. Another situation is when you have large layoffs, or plan to change a benefit such as remove the retirement plan. It is also wise to have a lawyer for contracts and agreements both new and older. Having a lawyer look over the employee handbook and company policies keeps you from being sued later. When employees bring serious claims it could result in you having to pay damages.

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Are you an employee or an independent contractor? And really, why does it matter? You’re getting paid all the same, aren’t you?

Not necessarily. There are distinct legal differences that you need to understand between the two, and whether you’re an employee or an independent contractor can affect your rights in the workplace.

How is your status determined?

In general, if you’re self-employed, you’re probably an independent contractor. If you work for a single company, you’re probably an employee. The California Division of Labor Standards Enforcement presumes that a worker is an employee, but each state agency has its own tests to decide which category someone falls into. The basic gist is this: The more control an employer has over how an individual does their work, the more likely they are in an employer-employee relationship. State agencies also look at other factors, including whether you’re doing work that a company regularly performs itself and how permanent your working relationship is with the company.

What is the difference between the two?

As an independent contractor, you’re performing work that a business would contract with you to do, such as writing or web design. You don’t just work for one employer, but contract with multiple clients. You set your own hours and fees, work from home or your own office, and set the terms of the contract with each client. An employee works for one business and has their work terms determined by the employer, such as hours, wages, and a supervisor who reviews their work.

What are the benefits to employees?

To begin with, an employer has to pay minimum wage, overtime, and payroll taxes for employees, as well as cover them under workers’ compensation and unemployment insurance programs. That’s not the case for independent contractors. Employers provide employees with benefits such as health insurance, sick leave, and 401(k) accounts. Independent contractors get none of these. Employees also are covered by state and federal anti-discrimination laws. Finally, employees usually get an hourly wage or yearly salary. Independent contractors are typically paid by the project, and only when it’s completed.

I think I’ve been misclassified. What can I do about it?

If you think you should have been treated as an employee and not an independent contractor, you may have a wage and hour claim against the company. Contact the United Employees Law Group to see if your rights have been violated and what can be done about it.

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Establishing a safe and healthful working environment requires every employer, whether it be large or small, and every employee to make safety and health a top priority. The Occupational Safety and Health Act of 1970 (OSH Act) was passed in order to set and enforce protective workplace safety to workers and employers. This act is aimed at reducing injuries, illnesses and fatalities, and increasing an improvement in safety.

“To assure safe and healthful working conditions for working men and women by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions…” – The Occupational Safety and Health Act of 1970 (OSH Act)

https://www.osha.gov/Publications/osha3021.pdf

With that being said, employers have a significant amount of responsibilities to make the workplace a safe environment. A workplace should not have serious hazards and must follow every OSHA safety and health standard. As an employer, it is his or her responsibility to find and correct any and all potential safety or health hazards and keep them under control. The employer must also educate themselves and their workers about potential hazards through training or information sheets. If a problem does arise, it is the employer’s responsibility to aid the situation and keep record of any work-related injuries or illnesses. Worker’s compensation is a mandatory insurance system in which the employer protects his or her employees no matter the circumstance.

There is no such thing as being too safe. As technological progress continues to evolve, so do potential hazards. No matter where one works, there may be potential risk. Safety provides a comfortable work environment, and if issues arise it is up to the employer to handle it and the employee to know his or her rights.

If you, or someone you know, is facing legal issues in the workplace, United Employees Law Group has answers. Call Today for your free and confidential case review.

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There are several declarations included in an employment contract. Before you start working in any firm, it is necessary for you to sign an employment contract. The contract will indicate all duties you will be required to accomplish as well as the amount of money you will earn as privileges under different conditions. It is upon you to check the contract and ensure every detail which the potential employer is promising has been well captured.

What you will find included in an employee contract

Identification

The contract identifies different parties included in the employment. You will access address; official website among other identifies which you can associate with the employer.

Effective Date of the agreement

The contract should state the date when you will start operating in a given job. It is necessary for you to know when you will start receiving the rewards associated with the contract.

Type of employment

There are different types of employment available. You can be a salaried employee who get paid on an hourly basis or a full time professional employee. You should check and ensure the contract states your job clearly.

Duties of the employee

The employee should have specific duties. For example, if an employee is required to carry out maintenance services, he should have professional licenses to carry out the maintenance services and certificates to prove ethical actions.

Extent of Services

The section covers the hours the employee is supposed to be at work place. It includes days of work and number of hours.

Benefits provided to the employee

The benefits of different employees vary. You should check with the organization to know the specific type of benefits you enjoy under a given job group.

Termination

The contract indicates clearly circumstances under which different parties can decide to terminate the contract. The part also states the type of notices required.

Notices 

There are times when notices regarding different parties can be sent. The agreement should state the channels which can be used to send notices.

Severability

The part states that if one of the parts of the contract is invalid, the rest can be valid.

Dispute process

It describes ways which can be followed to solve a dispute in a given dispute. The mandatory arbitration process should be clearly identified.

Applicable law 

It states the state in which the contract can be adjudicated in court. This is necessary to avoid confusion because different states have different labor laws.

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When an organization hires workers, they are either classified as independent contractors or employees. It’s important that you make the correct determination, since employers can label their workers as independent contractors when they are actual employees. In such a case, the employer does not have to pay the minimum wage and payroll taxes. In addition, he or she may not reimburse the worker any funds spent when performing duties. Today, the State of California has imposed strict fines and penalties to any employer who misclassify his or her employees. Before you classify your worker as an independent contractor, it’s recommended that you familiarize yourself with factors that government agencies use when classifying a worker as an independent contractor.

Who is an independent contractor?

They perform duties using specialized skills and are not part of the company’s regular business. Further, they determine the time they spend to perform their duties. The less control an employer has on how an individual performs his or her work, the higher the probability that he or she is an independent contractor.

Independent contractor determination

There are different government agencies that use their own test to identify if someone is an independent contractor. They use the same basic concept although they can differ slightly. First, they analyze the control the worker has. If the employer controls why, when and how the worker completes his tasks, then he is an employee. However, if the employer has limited control on how the worker performs his duties, then he is an independent contractor. Secondly, if an employer supervises the worker strictly, then he’s an employee. If the employer has limited control over the worker, then he’s an independent contractor. Thirdly, if a worker does not form an integral part of the employer’s business, he’s an independent contractor.

What you should do if you have been misclassified

If you are an employee and your employer has been treating you as an independent contractor, you should file your case with an agency. You will be assisted in collecting unemployment insurance and wages. On the other hand, the employee can seek legal advice from United Employees Law Group attorneys to enforce his or her rights.

What should employers do to mitigate potential misclassification?

Determination requires exercising sound judgment. The business should come up with a written agreement which describes the scope of work, timing, compensation, and tax obligations of the worker. In addition, the employer should ensure if a worker is an independent contractor, he or she has a pertinent license that is up to date.

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