Legal Questions

The California supreme Court issued the following factors in determining when a business can classify someone as an independent contractor: (A) that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact; and (do your tutors set their own schedules, teach without supervision doi not have wear a uniform or show up at one place) (B) that the worker performs work that is outside the usual course of the hiring entity’s business; and (if you run a tutoring business you have lost on this factor) (C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed. (can your tutors teach in other places) You need to speak to an employment attorney. You could face a law suit or run into trouble with the State Franchise Tax Board.