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Independent Contractor Requests

Outline

Who can be independent contractors?

  • Bona fide business – sole proprietors or those who work for a company

How to verify an independent contractor?

  • Business cards, letterhead, and office address, TIN

Who cannot be an independent contractor?

  • Any student (from UCM or any other UC’S), GSR, TA, Faculty or Staff in the last 18 months.  In addition, if there is a title code for the job being performed, it is not IC, but employment.

How to handle International IC requests?

  • Just like regular IC request, send form/information with Job description/scope of work, payment amount, anticipated duration, name of the candidate and a resume.

Can we pay stipends instead?

  • No, stipends are for UCM staff and not for work performed without a contract.

 

AB 5 – Employment Status

Assembly Bill 5, recently signed into law, replaces the common law test with the ABC test to determine whether a worker is an employee or independent contractor in California. Effective January 1, 2020, hiring entities are required to classify workers as employees unless they meet all conditions of the ABC test:

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

Note: After January 1, 2020, workers will be considered employees unless proven otherwise. The hiring entity must show that workers meet all conditions of the ABC test in order to classify them as independent contractors, unless there is a statutory exclusion or determination of employment. AB 5 does not change how out-of-state workers are classified.