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Memo - Using Self-Employed Independent Contractors

Sacramento California Memo - Using Self-Employed Independent Contractors

Name: Sacramento California Memo - Using Self-Employed Independent Contractors
Brand: US Legal Forms
Rating: 4.57 (469 reviews)

Category:

Employment - Independent Contractors

State:

Multi-State

County:

Sacramento

Control #:

US-AHI-076

Format:

Instant download

Description

This AHI memo is regarding the use of independent contractors. The memo list certain criteria that an independent contractor must meet.

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FAQ

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.

An individual is an independent contractor in California only if they meet all three (3) requirements of the test: The worker remains free from managerial direction and control related to the worker's performance. The worker performs duties outside the scope of the company's course of business.

California Assembly Bill 5 (AB5), popularly known as the gig worker bill, is a piece of legislation that went into effect on Jan. 1, 2020, and required companies that hire independent contractors to reclassify them as employees.

Independent contractors are not entitled to overtime pay and may often work long hours without extra compensation. All employees in California are entitled to earn at least minimum wage. As of 2020, California's statewide minimum wage is $12.00 per hour for employers with 25 or fewer employees.

Under Labor Code section 226.8, which prohibits the willful misclassification of individuals as independent contractors, there are civil penalties of between $5,000 and $25,000 per violation. Willful misclassification is defined as voluntarily and knowingly misclassifying an employee as an independent contractor.

Gavin Newsom signed new state legislation, Assembly Bill 5 (AB5), into law. Effective January 1, 2020, AB5 affects independent contractors throughout California, radically changing 30 years of worker classification and reclassifying millions as employees.

Use e-Services for Business to submit a Report of Independent Contractor(s) (DE 542) online. e-Services for Business is your fast, easy, and secure way to file, pay, and manage your employer payroll tax account(s) online. With e-Services for Business you can: File returns/reports.

Prop 22 was a ballot measure that passed on November 3, 2020. It declares that app-based transportation companies, such as rideshare (i.e. Uber and Lyft) and food delivery companies (i.e. Grubhub), are exempt from AB5 and its drivers are classified as independent contractors.

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For more info on the differences, check out our Guide on Who to Hire: Contractor vs. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.If you (or your spouse) have self-employment income, including as an independent contractor, use the estimator. Unemployment Benefits for Independent Contractors, Gig Workers, Self-Employed Individuals, and Freelancers in California. en. Payments using virtual currency made to independent contractors and other service providers are taxable, and self-employment tax rules generally apply. The California self employment tax is divided into two different calculations. Employed as many as 550,000 people during the peak of operations in 2000.

Sacramento California Memo - Using Self-Employed Independent Contractors

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What is the difference between independent contractor and self-employed?

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