Nailing Down Independent Contractor Status

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From HG.org — Erin Mindoro provides an excellent review of the Happy Nails and other independent contractor cases — Happy Nails & Spa of Fashion Valley v. Su, 217 Cal.App.4th 1459 (2013), order not to publish at 2013 Cal LEXIS 9473, Dalton v. Lee Publication, Inc., 2013 U.S. Dist. LEXIS 71291 (S.D. Cal. 2013), Scantland v. Jeffrey Knight, Inc., 721 F.3d 1308 (11th Cir. 2013). She writes:

“The California Supreme Court has long held that the most important factor in distinguishing employees from independent contractors is “the right to control the manner and means of accomplishing the result desired.” Empire Star Mines Co. v. Cal. Employment Comm., 28 Cal.2d 33, 43 (1946) (“If the employer has the authority to exercise complete control, whether or not that right is exercised with respect to all details, an employer-employee relationship exists.”).
Other independent contractor factors include:
(a) whether or not the one performing services is engaged in a distinct occupation or business;
(b) whether the work is usually done under the direction of the principal or by a specialist without supervision;
(c) the skill required in the particular occupation;
(d) whether the principal or the worker supplies the instrumentalities, tools, and the place of work for the person doing the work;
(e) the length of time for which the services are to be performed;
(f) the method of payment, whether by the time or by the job;
(g) whether or not the work is a part of the regular business of the principal; and
(h) whether or not the parties believe they are creating the relationship of employer-employee.
Bowman v. Wyatt, 186 Cal.App.4th 286, 299-300 (2010).

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