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Who’s Working for You – And In What Capacity?

California Employee Benefits
by Jennifer Carsen

Yesterday, we reviewed the first 5 factors of the “Borello test,” which California courts use to determine whether a worker is an employee or an independent contractor (click here for yesterday’s issue). Today, we’ll look at the remaining 6 factors and tell you about a wage/hour resource you won’t want to be without. 

As we mentioned yesterday, California uses something called the “Borello test” to determine whether workers are employees or independent contractors. The test strongly favors a conclusion that workers are employees. Here are the remaining 6 factors of the 11-factor test:

6. The kind of occupation, with reference to whether, in the locality, the work is usually done under the company’s direction or by a specialist without supervision

7. The worker’s opportunity for profit or loss depending on his or her own managerial skill (a potential for profit does not include bonuses)


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8. How long the services are to be performed

9. The degree of permanence of the working relationship

10. The payment method, whether by time or by the job

11. Whether the parties believe they are creating an employer-employee relationship

The Single Most Important Factor

Although no single factor in the Borello test is determinative, the first one – whether the individual’s work is the service or product that is the company’s primary business – is given the most weight.

Get Prepared: Order the 2011 Edition of How To Comply with California Wage & Hour Law NowWhenever you’re dealing with wage/hour issues, your best defense is a strong offense—in this case, our newly updated 2011 Edition of our HR Management & Compliance Report, How To Comply with California Wage & Hour Law.

This information-packed 168-page guide, written by an experienced California employment lawyer, features in-depth coverage of all the topics you need to know about in an easy-read, quick-reference style:

  • The California Labor Code vs. the federal Fair Labor Standards Act (FLSA)
  • Who the California wage/hour laws apply to
  • The Wage Orders that cover your organization
  • Hours of work—including travel time, make-up time, meal and rest periods, and the definition of “hours worked”
  • The rules for hourly, salary, and piece-rate pay
  • Bonuses, profit-sharing plans, and tips
  • Overtime and double-time wages
  • Alternative workweeks
  • Tools and equipment, uniforms, and work-related expenses and losses
  • Paid time off—vacation, PTO, holidays, and sick leave
  • Unpaid time off
  • When and how employees must be paid
  • Payment of final wages upon termination
  • Deductions from pay
  • Recordkeeping requirements
  • Pay-related discrimination
  • A new appendix of key cases you need to know about
  • And much more!

Order your copy now and try it out risk-free for 30 days. If you’re dissatisfied in any way, just return it within 30 days for a full refund.

Don’t become the next statistic—get your copy of the 2011 Edition of How To Comply with California Wage & Hour Law today.

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