Would love to hear your thoughts on the great independent contractor vs employee debate. I will let you know this is the one topic I have very strong feelings about in this class. I feel like the law has done so much to protect the American employee - with OSHA, Title VII, equal opportunity laws and those rights are not guaranteed to contractors who may have no other choice than to work in a contracting situation.

New laws are trying to put limits on the type of situation where a contractor really is just an employee with a wrong classification. Note the newABC test to employment.

For purposes of the provisions of this code and the Unemployment Insurance Code, and for the wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity

demonstrates that all of the following conditions are satisfied:

(A)The person 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.

(B)The person performs work that is outside the usual course of the hiring entity's business.

(C)The person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

For more reference:https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB5(Links to an external site.)(Links to an external site.)

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Do you think this test will solve some of the discrepancies? Do you think it will help the company or the employee?

I would love to hear your thoughts on this issue. If you have any contracting experience please share. Comment below if you wish