The new law addresses the "employment status" of workers when the hiring entity claims the worker is an independent contractor and not an employee. 1. Learn how U.S. companies can hire foreign independent contractors, covering legal aspects, benefits, and compliance tips.If you have been misclassified as an independent contractor, California law provides you powerful tools to fight back. To hire independent contractors, you must address issues of compliance, classification, finance, and process. The equivalent form for overseas contractors is W8BEN. A worker misclassified as an independent contractor can sue to enforce her rights under California employment laws. Superior Court of Los Angeles County (2018) 4 Cal. The new law presumes a worker is an employee, and not an independent contractor, unless the worker satisfies a strict "ABC test." A foreign independent contractor is a nonU. Employees have significant legal rights that independent contractors do not.