Re: Independent contractors and freelancers are employees in California?

Subject: Re: Independent contractors and freelancers are employees in California?
From: Lauren <lauren -at- writeco -dot- net>
To: techwr-l -at- lists -dot- techwr-l -dot- com
Date: Thu, 12 Sep 2019 18:38:35 -0700

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:

...

I don't see how the state could enforce the California Labor Code on
out-of-state independent contractors. I find no explicit or implicit
reference to out-of-state entities in the text of the bill.

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References:
Independent contractors and freelancers are employees in California?: From: Michael Wyland

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