- Jurisdiction
- California
Based on Californias new independent contractor laws, i'm afraid that my buisness model may be at risk.
My company does marketing & sales for office cleaning services. We sell the clients, sign the contract in our company name and subcontract the work to other owner operators.
Typically, our owner operators have their own LLC, with 1-3 employees, their own insurances, equipment, supplies, and they all have other clients besides the work we give them.
The work we give them is recurring and can range from 1X-5X per week.
Only a small % of our subcontractors are individuals who own their own business and do the labor themselves.
I'm concerned with californias new contractor classifcation laws, and I feel they may pose limitations to this business model.
According to the new laws, all three tests must be met or the "subcontractor" would actually be an employee.
This is Californias new tests for classifying:
Does this only apply to individual 1099 contractors or also to subcontractors who are larger than just one person?
My company does marketing & sales for office cleaning services. We sell the clients, sign the contract in our company name and subcontract the work to other owner operators.
Typically, our owner operators have their own LLC, with 1-3 employees, their own insurances, equipment, supplies, and they all have other clients besides the work we give them.
The work we give them is recurring and can range from 1X-5X per week.
Only a small % of our subcontractors are individuals who own their own business and do the labor themselves.
I'm concerned with californias new contractor classifcation laws, and I feel they may pose limitations to this business model.
According to the new laws, all three tests must be met or the "subcontractor" would actually be an employee.
This is Californias new tests for classifying:
- the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact
- the worker performs work that is outside the usual course of the hiring entity's business; and
- the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity.
Does this only apply to individual 1099 contractors or also to subcontractors who are larger than just one person?