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My employer wants me to sign an Independent Contractor Agreement. Is that legal?

Home / My employer wants me to sign an Independent Contractor Agreement. Is that legal?

My employer wants me to sign an Independent Contractor Agreement. Is that legal?

Independent contractors are not employees under the law, and therefore they’re not covered by many of the employment laws, such as the Labor Code or California’s Fair Employment and Housing Act. For that reason, many employers try to misclassify employees as independent contractors to get out of their legal obligations. Recently, the California Supreme Court adopted the ABC test to determine whether a worker is an employee or an independent contractor. That test looks at three different factors: (1) whether the worker is free from the direction and control of the employer; (2) whether the worker is providing a service that’s outside the usual course of business of the employing agency; and (3) whether the employee engages in this profession or trade.

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