What Are My Rights as an Independent Contractor in CA?

Employment Law March 22nd, 2024
Independent Contractor Independent Contractor

Being an independent contractor is quite different from being in an employee-employer relationship. Unlike traditional employees, independent contractors in California complete projects independently, without the company controlling how and when they do it.

Classification as an independent contractor entitles you to certain rights that employees do not have, but it can also have its disadvantages. Independent contractors are not entitled to workers’ compensation, retirement, or other company benefits, for example, and they are not eligible for unemployment benefits. These independent workers usually have to provide their own supplies for completing the project. Contractors are also responsible for paying self-employment taxes, which include Social Security and Medicare taxes – for both the employee and the employer portions of those taxes.

Independent Contractor Rights in California

While independent contractors in California are responsible for many aspects of a project that a traditional employee does not have to worry about, California contractors do enjoy certain rights that employees do not.

  • Right To Work

Independent contractors can decide which projects they take on. They can also determine when, how, and where they will work on the project. While the hiring company can decide how the final product or service will look or function, the contractor determines how they will complete the project.

  • Right To Contract

Independent contractors have the right to sign an independent contractor agreement, which protects the interests of both the contractor and the individual or organization hiring them. An independent contractor agreement gives contractors legal recourse in case of a disagreement, lack of pay, etc.

  • Right To Payment

While they are not employees, contractors in California have a right to be paid for the work that they do. Those who hire contractors do not have to pay state and federal taxes as they do with employees, but they are still required by law to pay their contractors and fulfill other terms of their contract.

  • Right To Correct Classification

Misclassification is a serious issue, for both employees and contractors. Workers who are classified as contractors may be denied benefits, for example, and contractors misclassified as workers may unwittingly continue to purchase supplies and equipment out of their own pockets rather than letting the hiring party pay for them.

  • Right To Legal Recourse

Contractors who hold an agreement with a paying party have the right to enforce the terms of the contract. What’s more, improperly classified contractors may pursue missing wages or benefits.

Wondering About Your Rights as an Independent Contractor in California? Contact Your Employment Attorney at D.Law

If you are an independent contractor in California, it’s essential that you are classified correctly. If you feel you have been misclassified, consult with or call D.Law. Our employment law firm helps people like you get the correct classification they need to exercise their full rights as contractors in the Bay Area, San Diego, Fresno, Los Angeles, and other California cities.

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