Re: Independent contractors and freelancers are employees in California?
To all:
Gene makes an important point. The proposed CA law is more definitive than current federal law.
Otherwise it would be moot.
There is a bias in federal labor law toward employment; i.e., a worker is assumed to be an employee unless they are determined to be something else, such as a consultant, freelancer, intern, etc.
However, federal labor law lacks the bright-line distinctions present in California's AB5 "ABC" three-point test. Federal law has at various times used a 20-point test, but generally relies on a more subjective "facts and circumstances" approach to determining employment status.
The 20 factors are not federal law but IRS rules and common-law doctrine. They are used as a guide to determine to tax liability and do not concern employee protections. Not all 20 factors are required to classify an employee as a contractor for tax purposes.
There is federal law to determine employee protections that are usually derived from constitutional law. These protections include:
1. Federal Minimum Wage
2. Workplace Safety
3. Health Coverage
4. Social Security
5. Unemployment Benefits
6. Whistleblower Protections
7. Family Leave
8. Employment-Based Discrimination
State law may grant more protections to employees but may not ever reduce federal protections.
California, with AB5, is attempting to strengthen protections for employees and to prevent employers from classifying employees as contractors to avoid tax liability. Employers have become abusive against workers by using the classification of "contractor" as a means to breach federal and state protections that include minimum pay, social security, unemployment compensation, and, now, healthcare.
One factor in the app-based market that is not often discussed is that undocumented workers work in the market.
https://www.nbcbayarea.com/multimedia/Bay-Legal-UberLyft-Scam-Law-Enforcement-Struggles-to-Catch-Fraudulent-Rideshare-Drivers-505754021.html
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References:
Independent contractors and freelancers are employees in California?: From: Michael Wyland
Re: Independent contractors and freelancers are employees in California?: From: Lauren
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