Legal Question in Construction Law in California

Independant Contractor

I operate a drywall outfit and piece some drywall work out to a crew that has worked for me on numerous occasions. Can I hire them under the status of Independant Contractor even though the crew operator isn't licensed?


Asked on 2/15/09, 9:07 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Independant Contractor

Not legally.

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Answered on 2/16/09, 1:28 pm
Scott Linden Scott H. Linden, Esq.

Re: Independant Contractor

Not a good idea since you direct them and fall under the other requirements for an employer rather than them falling under the requirements for independent contractor.

Been in this situation before, I think the CSLB limits the jobs to $500, or somewhere thereabouts.

Just not a safe idea from your standpoint...cheaper, but most likely a violation of the Labor Code.

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Answered on 2/17/09, 6:52 pm
Gary Redenbacher Redenbacher & Brown, LLP

Re: Independant Contractor

No, since the work requires a license, they either must work as employees under your license or, if you wish for them to be independent contractors, they MUST have a license. Since they would be your employees, you must pay their taxes and worker's compensation. If you don't pay their worker's compensation, then you are considered unlicensed which leads to a whole mess of problems.

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Answered on 2/15/09, 9:15 pm


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