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Many freelance journalists, musicians, translators and other workers in California can operate as independent contractors under a new law signed by Gov. Gavin Newsom on Sept. 4.
If a person is truly an independent contractor (meaning they meet all three elements of the three part test), then the wage and hour laws are not applicable. This includes minimum wage, overtime, and rules for the timely payment of wages under the Massachusetts Wage Act.
The IRS says that someone is self-employed if they meet one of these conditions:Someone who carries on a trade or business as a sole proprietor or independent contractor,A member of a partnership that carries on a trade or business, or.Someone who is otherwise in business for themselves, including part-time business.
Freelancers are independent contractors who should receive 1099 from the company using their services and are subject to paying their own taxes, including self-employment tax.
Fact #1: A large percentage of all interpreters and translators are independent contractors. There are many reasons that language professionals choose to work as independent contractors. Many prefer the flexibility of making their own schedule and being able to choose their assignments.
Interpreters and translators in California have been granted an exemption from AB 5. It's been almost 9 months since the controversial AB 5 bill went into effect, which reclassified independent interpreters and translators in California as employees, and no longer as independent contractors.
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.
Becoming an independent contractor is one of the many ways to be classified as self-employed. By definition, an independent contractor provides work or services on a contractual basis, whereas, self-employment is simply the act of earning money without operating within an employee-employer relationship.
Freelance interpreters or translators work on a self-employed basis converting written texts from one language to another or providing verbal translations in live situations, such as conferences, performances, or meetings.
Highly skilled and experienced interpreters who travel to interpret at conferences are often contractors, working directly for the conference or through an LSP. They typically have a contract to provide services at a specific conference (i.e., a short-term commitment with a clearly-stated end date).