Legal Question in Employment Law in California

I am considering hiring overseas contractors to do work for my company over the Internet. I know that if I hire a contractor in the United States full-time there is a potential risk that they could claim de facto employee status, or that the State of California could claim I had misclassified these workers as contractors instead of employees. Is that also a possible risk when hiring remote contractors based overseas?


Asked on 7/30/10, 12:59 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I doubt per see lit matters whether yo0u ar hiring people in a foreilgn country or here. The factors looked at are how much control you have over their work, can you fire the person or only cancel the contract, etc. You should have less control over foreign workers. If you are giving them assignments to do but they choose their own hours they probably are contractors.

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Answered on 8/04/10, 5:59 pm


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