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Generally speaking, the difference between independent contractors and employees in California is whether or not the entity paying for services has the right to control or direct the manner and means of work (tending to signify an employment relationship.)
The law further states that independent contractor status is evidenced if the worker: (1) has a substantial investment in the business other than personal services, (2) purports to be in business for himself or herself, (3) receives compensation by project rather than by time, (4) has control over the time and place
Independent contractors generally perform their work one job at a time and are paid by the job. An employee is paid for his time. If the service provided by the worker is an integral part of the service the employer provides to the public, the worker is more likely to be an employee.
For the employee, the company withholds income tax, Social Security, and Medicare from wages paid. For the independent contractor, the company does not withhold taxes. Employment and labor laws also do not apply to independent contractors.
California Law states that a worker may be considered an independent contractor if (1) the worker has the right to control the performance of services, (2) the result of the work is the primary factor bargained for, and not the means by which it is accomplished, (3) the worker has an independently established business,
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Under common-law rules, anyone who performs services for you is your employee if you can control what will be done and how it will be done. This is so even when you give the employee freedom of action.
1. Misclassification. One of the biggest risks of independent contractor engagement is worker misclassification. Unfortunately, theres not a standard test to determine whether a worker should be classified as an independent contractor or as an employee, which complicates the engagement process.

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