Is an Individual Providing On-Call Services Considered an Employee Under California Law?

Question from Lola, Is an Individual Providing On-Call Services Considered an Employee Under California Law?

Answer from AI:

In California, the classification of an individual as an employee or an independent contractor is determined by several factors. The primary test used is the “ABC” test, established by the California Supreme Court in the case of Dynamex Operations West, Inc. v. Superior Court.

The ABC Test

The ABC test presumes that a worker is an employee unless the hiring entity can prove all three of the following conditions:

1. The worker 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.
2. The worker performs work that is outside the usual course of the hiring entity’s business.
3. The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

In the scenario you described, the individual providing on-call emergency room phone answering services could potentially be considered an employee under California law, depending on how these factors apply.

Applying the ABC Test

Control and Direction: If the company exercises significant control over how and when the individual performs their work, this could indicate an employer-employee relationship.

Usual Course of Business: If the on-call services are integral to the company’s business (in this case, providing translation services), this could also suggest an employment relationship. However, if the on-call services are a separate, ancillary service, this might lean towards an independent contractor classification.

Independently Established Trade: If the individual regularly provides similar services to other entities and has their own business operation, they might be considered an independent contractor.

Legal Advice

Determining worker classification can be complex and highly fact-specific. It’s recommended to consult with a legal professional for personalized advice. The consequences of misclassification can be significant, including liability for employment taxes, penalties, and potential lawsuits.

Please note that this information is a general explanation and does not constitute legal advice. Laws and regulations may change, and individual circumstances can significantly affect how those laws apply.