Contracts to Cheat. A worker who has a license, or works for someone who has a license, is presumed to be an employee under California Labor Code 2750.5. The type of license referenced is one required under Chapter 9 of Division 3 of the Business & Profession Code. The hiring entity must prove the following 3-part test to establish that the worker is an independent contractor: (a) the worker has the right to control the manner of performance; (b) the worker is customarily engaged in an independent established business; and (c) the contractor status is not a subterfuge to avoid employee status (which itself involves numerous factors, such as the relationship is not an at-will relationship). Contact The Law Offices of Eric A. Boyajian if you need help assessing whether someone has been misclassified as an independent contractor.
