If I work for a large company 5-6 days per week, from 3-4 hours a day and it makes the schedule, am I an independent contractor?

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If I work for a large company 5-6 days per week, from 3-4 hours a day and it makes the schedule, am I an independent contractor?

For the last 2 years I have worked as an independent contractor for a large company. I do the ordering of supplies for the department I work in. I have been accused of not being a “team player” by management because I made a complaint about having to sit around for half an hour due to their mistake in scheduling appointments. These people are their clients, not mine, and I come to their workplace and perform makeup applications for their models. I don’t know whether I am being misclassified as an independent contractor and am actually an employee. What should I do?

Asked on July 13, 2012 under Employment Labor Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

The number of hours you work aren't really relevant to whether or not you are an employee or an independent contractor.  The more control they exert over how you do your job and when you do it, the likely it is that you are an employee. 

Courts look at factors like the following, but there is no black & white test:

  1.  Who supplies tools (your tools looks more like an indpendent contractor)
  2. Work on their turf or yours--or mobile (work at their location looks more like an employee)
  3. Are your hours regular or do they change?
  4. Payment (fixed fee for job or hourly--hourly looks more like employee)
  5. Number of people working (more people=employee)
  6. Level of supervision (i.e. manuals, physical supervision, review of work)

 


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