Is this guy considered employee or independent contractor

UPDATED: Sep 30, 2022

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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

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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. 

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