Re: Independent contractors and freelancers are employees in California?

[Lauren <lauren -at- writeco -dot- net>]

Out-of-state contractors that are acting as their own companies are 
treated as companies. Employees working for out-of-state contractors are 
treated as employees in California. California labor rights are 
inalienable. That means that a contract with an employee working in 
California cannot require that the contract be governed by an 
out-of-state law. Many contracts include a "choice of law" clause and 
many employees comply with that provision, although it is not legally 
binding for employees. The Labor Commissioner ignores it.

If a person claiming employee status is treated as a contractor by an 
out-of-state company, the court or tribunal will look to the nature of 
the agreement and the relationship of the employee to the company. If 
the court determines that the person is an employee under California 
law, then the California law will govern the employment. Out-of-state 
contracts will have no bearing on the employment relationship, although 
they may still govern the nature of the work.


On 9/12/2019 2:33 PM, Robert Lauriston wrote: