employee vs subcontractor

[surveysays]

This has a much greater impact on the other parts of the construction industry. Not sure it will apply well to Surveyors classifying certain field personnel as independent contractors. Being an independent contractor is not a black and white issue. The Labor Board will consider someone an independent contractor if they use their own equipment and/or gave a bid for a job to an LS even though they work under their direction.

I speak this from personal experience in dealing with the Labor Board. The LB can classify you as an employee but then when you go over to EDD, they find you are really an independent contractor (‘cause nobody paid the unemployment insurance) and thus not eligible for unemployment. At the time I was working as an audio/video installer-programer. Because at certain times in the course of my work I used my own personal laptop for programming the LB quickly brushed me off as an independent contractor. It was their easy way out and I could always just go to small claims court over the matter.

The LB enforces the Labor code regardless of what the BP code says. So yes a party chief using their own equipment and/or giving a bid for the job can still be classified as an independent contractor by the LB while working under the direction of an LS and thus not in violation of the BP code. Just because one agency determines you are one thing, doesn’t mean the others follow suit.

[Dave Lindell]

The best proof you are an independant subcontractor is that you have Workers Compensation Insurance.

[land butcher]

surveysays has it right.

Different agencies have different criteria, now with the addition of fines, plus penalties and interest, it could narrow the range for being a IC.

Job shop machinists are interesting, the owner supplies the shop and machinery and bids the job. The machinist gets 50% of the bid for doing the work. They are considered ICs

Years ago when the drywall union was loosing its grip here unlicensed drywallers were working for $X/house, the slow ones were not even getting min wage but since they bid the work the LB couldn't do anything.

[land butcher]

Not sure you can get WC ins if you don't have any employees. WC does not cover owners. If inc'd then the owner(s) become employees.

[Ian Wilson]

Actually, WC does cover owners if you pay the additional premiums. I was covered at IWLS.