EDD & Labor Commissioner

EDD and Labor Commission Provide Guidance: Employee Versus Independent Contractor

The EDD and the DLSE (Labor Commissioner) are hosting on a free seminar throughout California regarding how to classify a worker as an employee versus independent contractor.  In the San Francisco Bay Area, the next one is in Dublin on February 11th.  For other dates and times, you can check the EDD’s website.

Employee Versus Independent Contractor

There are many benefits to using independent contractors, but is it worth the risk?  Classifying someone as an employee versus independent contractor has the potential to create significant exposure for companies that misclassify independent contractors due to a lack of understanding of what constitutes an employee versus independent contractor.  California Labor Code section 226.8 has significant monetary penalties for employers or persons who willfully misclassify employees as independent contractors.  “‘Willful misclassification’ means avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor.”

Since 2012, the Department of Labor, the IRS, and several state agencies have been sharing information about worker misclassification.


When: Thursday, February 11, 2016
Time: 9:00 a.m. to 3:30 p.m.
Where: Dublin Civic Center
100 Civic Center Plaza, Council Chambers
Dublin, CA 94568

The Employee versus Independent Contractor Tax Seminar will cover:

  • Common misconceptions about independent contractors.
  • Ways to combat payroll tax fraud.
  • How to distinguish between employees and independent contractors.
  • Statutory and exempt employment.
  • Resources to help classify workers.

EDD & Labor Commissioner

To register for the event, go to: http://www.edd.ca.gov/Payroll_Tax_Seminars/

Original article by Robert E. Nuddleman of Nuddleman Law Firm, P.C.

Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law, but we cannot answer questions about specific situations or provide legal advice. If you desire legal advice, you should contact an attorney.

Your use of this blog does not create an attorney-client relationship between you and Nuddleman Law Firm, P.C. The use of the Internet or this blog for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be posted in this blog and Nuddleman Law Firm, P.C. cannot guarantee the confidentiality of anything posted to this blog.

The Nuddleman Law Firm, P.C. represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Pleasanton, Oakland, San Ramon, Hayward, Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.