Employee Vs Contractor Classification

Summary

In California, the ABC test is used to determine if a worker is an independent contractor or an employee. The test includes three criteria: the worker must be free from control and direction, perform tasks outside the usual course of the companys business, and be engaged in an independently established trade or business. If your contract involves supervision and tasks integral to the companys business, you may be misclassified. Consider discussing your situation with a local employment attorney or the labor board for further guidance.

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I am concerned I am being treated as an employee instead of a * contractor
Hi ****! To better understand your situation, can you tell me if the company controls how and when you perform your work?
I live in California so we are bound by the ABC test
Hi ****! You're right, California uses the ABC test to determine if a worker is an independent contractor or an employee. Here are the main points of the ABC test:
- The worker is free from control and direction in performing their job.
- The worker performs tasks outside the usual course of the company's business.
- The worker is engaged in an independently established trade or business.
Do you feel that any of these conditions are not being met in your situation?
First I would like to see if the language of the contract is appropriate for a *. *. *. *. *. Services: The Consultant agrees to provide Data Analysis services to the Company under the direction and supervision of a Data Analytics Manager . The work performed by the consultant will be determined and assigned by the consultant's manager in accordance with the company's operational requirements and needs. Compensation: The Company agrees to pay the Consultant a total of $*/h for the services rendered
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****, the language in the contract does raise concerns, particularly the part about work being performed under the direction and supervision of a manager. This control over how you perform your work may not meet the "A" part of the ABC test. Could you tell me if you are performing tasks that are part of the company's usual business?
I believe I am. This is a search arbitrage business and I have daily upload tasks as well as daily campaign management. I make some ads. I also am responsible for their entire dashboard website. I have used their data and developed many dashboards, which was a task that my manager used to do before I joined.
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****, from what you've described, it appears that you may indeed be performing tasks that are integral to the company's usual business, which might not meet the "B" part of the ABC test. Also, the control and direction by a manager in your contract raise concerns about meeting the "A" part.
Do you have an independently established trade or business (like your own business entity, other clients, etc.)?
No I didn't form a LLC and this is the only company I work for
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****, based on what you've shared, it seems you may not be meeting the conditions required to be classified as a * contractor under the ABC test in California. Would you like to connect with local lawyers who can help you further with your case?
If so, could you please provide your phone number?
Do you think it's a viable argument if I brought it up to the labor board even if I'm only hourly and don't have set hours
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****, it seems you have a strong argument for being classified as an employee rather than a * contractor under the ABC test. Bringing this to the labor board could be viable. Would you like to connect with local lawyers who can assist you further with your case?
sure
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Great, ****. To get started, can you please provide your phone number?
will the lawyers give guidance or do they only want to take the case so we can sue
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****, lawyers can provide guidance and help you understand your rights and options. They’ll assess your case and determine the best course of action, which may or may not involve suing.
Would you like to proceed with connecting to a local lawyer? If so, could you please provide your phone number?