California Contractors

["Tariel, Lauren R" <lt34 -at- saclink -dot- csus -dot- edu>]

Well all this talk about contractors and recruiting agencies and now the CA Labor Commissioner got dragged into the melee.
 
I have told people that I needed to be a company because other companies do not want to work with an independent contractor (IC) because the IC can come back and try to claim employee benefits, such as Workers Compensation.  Well, it seems that employers are going a step further and saying that employees are ICs.  Yeah, um no, that's illegal.  I guess this case underscores my original claim that companies do not want to get burned by ICs.  The case mentions "consultants" that want claim the IC status to avoid overtime and workers compensation claims, but it doesn't say if the consultants are individual employees or recruiting agencies, and I think that legally, they are both consultants.
 
http://www.dir.ca.gov/dlse/MisclassificationOfWorkers.htm <http://www.dir.ca.gov/dlse/MisclassificationOfWorkers.htm> 
 
Lauren
 
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