Employer (restaurant or bar owner) hires wait staff as independent contractors to work in various wait staff jobs, including waiter/waitress, prep cook, bar back, bartender, etc.
California Self-Employed Wait Staff Services Contract
State:
Multi-State
Control #:
US-INDC-70
Format:
Word;
Rich Text
Instant download
Description
How to fill out California Self-Employed Wait Staff Services Contract?
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FAQ
Independent contractors are not covered by California's overtime and other wage and hour laws. However, employers cannot get around California wage and hour laws by simply declaring that an employee is an independent contractor, or by making the employee sign an agreement stating that s/he is an independent contractor.
Key takeaway: Independent contractors are not employed by the company they contract with; they are independent as long as they provide the service or product agreed to. Employees are longer-term, on the company's payroll, and generally not hired for one specific project.
As a freelancer, you also have to manage invoicing and following up on payments. When you work as an independent contractor, you work on an hourly or project-based rate that may vary from client to client or job to job. If you work independently, you have control over setting and negotiating your rates.
Independent contractors use 1099 forms. In California, workers who report their income on a Form 1099 are independent contractors, while those who report it on a W-2 form are employees. Payroll taxes from W-2 employees are automatically withheld, while independent contracts are responsible for paying them.
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.
Self-employed people earn a living by working for themselves, not as employees of someone else or as owners (shareholders) of a corporation.
Step 3: Last Employer Self-employed individuals may enter "self-employed" for the last employer's name and include his/her own address and contact information in lieu of the "last employer's address and contact information."
The law does not require you to complete a contract with your self-employed or freelance workers - a verbal contract can exist even when there is nothing in writing.
Simply put, being an independent contractor is one way to be self-employed. Being self-employed means that you earn money but don't work as an employee for someone else.
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.
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