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Self-Employed Independent Contractor Pyrotechnician Service Contract

California Self-Employed Independent Contractor Pyrotechnician Service Contract

Name: California Self-Employed Independent Contractor Pyrotechnician Service Contract
Brand: US Legal Forms
Rating: 4.71 (382 reviews)

Category:

Employment - Independent Contractors - Pyrotechnic

State:

Multi-State

Control #:

US-INDC-220

Format:

Instant download

Description

Employer hires a pyrotechnician on an independent contractor basis to perform pyrotechnical services as agreed to in the contract.

Guaranty without Pledged Collateral

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FAQ

The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. If you are an independent contractor, then you are self-employed.

In the event that you are not paid as an employee, you are considered an independent contractor and must have a business license.

California Labor Code section 3353 defines an Independent contractor as a person who renders service for a specified recompense for a specified result, under the control of his principal as to the result of his work only and not as to the means by which such result is accomplished." The label itself, however, is not

Control of assistants. If a company hires, supervises, and pays a worker's assistants, this control indicates a possible employment relationship. If the worker retains control over hiring, supervising, and paying helpers, this arrangement suggests an independent contractor relationship.

The new law was effective on January 1, 2020. AB 5 requires companies to reclassify independent contractors as employees with a few exceptions to the rule. The bill was designed to increase regulation over companies that hire gig workers in large numbers, including DoorDash, Shipt, Postmates, Uber, and Lyft.

There may be some factors suggesting a California worker is an employee and others suggesting he or she is an independent contractor. It is even possible that a worker can be considered an independent contractor for purposes of IRS tax filing, but they are considered an employee under California's wage and hours laws.

Under the ABC test, a worker is an IC only if he or she meets all of the following: (A) The 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.

In September of 2019, Governor Newsom signed Assembly Bill (AB) 5 into law. The new law addresses the employment status of workers when the hiring entity claims the worker is an independent contractor and not an employee.

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California Self-Employed Independent Contractor Pyrotechnician Service Contract

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