Is this guy considered employee or independent contractor

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is this guy considered employee or independent contractor

I’m in California. I have clients that
request vehicles to rent, sometimes with
driver included. So I rented a car, and asked
a friend’s friend if he wanted to drive for
200 a day. After i gave him the car to drive
the rest was between the client and him. I
never once told him when to pick them up and
how long per day.. it was a total of 9 days.
I paid him and now he is suing me for
overtime, breaks and and all kinds penalties.

I dnt he classified as an independent
contractor?

Asked on August 6, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

He would be an employee. Even if the client, not you, were the one directing him where to drive, when, etc., the fact that he was being directed ("managed" if you would) as to where he had to be, when he had to work/drive, where he had to go by when, etc. is a sufficient level of control as to make him an employee. Independent contractors are *independent* in a way that a chauffer--which is what your friend essentially was--are not. He would be the employee of whomever--you or the client--was paying him (i.e. the person paying him was his employer), and that is the person from whom he should be seeking this compensation. 
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption