If I am a Texas-based business or corporation and I do not operate in the state of California, but I employ a California-based independent contractors (Slaespeople who work on commission and who do not pass the ABC test),am I liable to pay benefits? Or is this law limited to California-based businesses?
If you have employees in California you need to treat them as employees under California law.
Please DO NOT message or phone me with further questions or comments as the discussions would be outside this forum and would not be visible to the public (the only exception to this being for serious prospective clients). If you have additional follow up questions or additional facts to add, re-draft them into a new question and repost it. My responses on this website DO NOT constitute a consultation, nor do they establish an attorney-client relationship. Only a written retention agreement signed by client and myself will establish an attorney-client relationship.
Your query doesn't state what kind of sales your business does. The new independent contractor law doesn't apply to all businesses. For examples, it has some exemptions for doctors and real estate agents.
See your own business/employment lawyer to discuss all the details.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments.
The law applies to CA employers. Regardless of where you're located, if you have a CA employee, the law would cover you.
I suspect your “independent contractors” were employees all along. Now, it’s on everyone’s radar.
This is general advice. You are anonymous. If you PM me i won’t know what it’s about.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline