Legal Question in Employment Law in California

If im an independent contractor can the person I rent my space from tell me how often I have to come to work

Asked on 2/01/13, 9:44 pm

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

If the change does not violate the terms of your independent contractor agreement, then your "landlord" technically can tell you how often you must come to work.

In doing so, however, the "landlord" increases the risk of violating the labor laws by misclassifying you as an independent contractor instead of an employee. Requiring a minimum number of hours a week, standing alone, does not mean there is a misclassification. Control of the contractor/employee, however, is one of the factors that the EDD and courts look at when examining this question.

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Answered on 2/02/13, 1:45 am

Terry A. Nelson Nelson & Lawless

Read your lease/ rental agreement/ contract/ agreement. It should define all your rights and responsibilities. If you don't have one, or it is inadequate [home made], then you have a he said / she said problem.

If you are really an independent contractor, you have contract rights to enforce or defend.

If it is really a sham to avoid calling you an employee whose time and efforts are under the control of an 'employer', then you can try to assert employee rights and wage claims through the Labor Commissioner, at the risk of unpaid tax and withholding penalties and interest. .

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Answered on 2/03/13, 7:50 pm

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