What constitutes an “employee”?

UPDATED: Sep 13, 2011

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What constitutes an “employee”?

Is it possible to allow personal yrainers to check in members at the front desk as a way to solicit new clients without them being considered “employees” if they schedule their own hours?

Asked on September 13, 2011 under Employment Labor Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Here is the definition of an employee from the California Department of Industrial Relations:

Any person employed by an employer. Independent contractors and volunteers are not employees.

That was helpful, wasn't it?  If a person is or is not an employee is really governed by case law and a set of factors that the courts have ruled indicate employment status regardless of what the employer calls the worker.  Even Independent Contractor agreements are not binding as the courts recognize that employers may use them as a shield to hind behind other laws that may be applicable to them.  Soliciting business on your behalf teeters in a fine line I think unless possible you enter in to a contract  that gives them a percentage and/or they are a "company" that does so.  Seek some legal advice in your area.  Good luck.

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