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Contract Labor in California

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  • Contract Labor in California

    Does anyone know if there is a law in California that states that a consultant or contract employee (specifically 1099 or H1-b Visa holder) cannot work for the same employer for over 1 year. Someone mentioned this to me and I have never heard this before. Thank you.

  • #2
    Not at all. What I suspect you heard is that there is a fine line simetimes between an independent consultant (1099) and an employee. The longer someone stays on your payroll the less likely they are an IC. There is nomagic formula and you could have someone who worked for you one day who was not correctly classified as an IC, but certainly if someone is working for you more than a year, I'd be rethinking their status.

    H1b status has nothing to do with it.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Thank you ElleMD. Most of the employees are H1-b and are employed full-time by a Third Party. They are doing programming work for me and I am paying their Third Party an hourly rate. Does this change things?

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      • #4
        Then you have co-employment at best. You're paying an agency, right? Really doesn't change things, except that the agency is the employer of record. Hopefully, they are classifying the workers properly and complying with all applicable wage and hour and tax laws.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          What Patty said.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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