Misclassifications - Employee vs Independent Contractor - EDD Guideline

Complete EDD Employment Determinations Guide and Worksheet on Employment Status:

1) Does employer exercise control over worker?

2) Can the worker quit or be discharged?

3) Is the work part of regular business or integral to the business?

4) Does the worker have a separately established business?

5) Can worker make decisions that impact his/her profit?

6) Does employer have employees that do the same type of work?

7) Does worker furnish own tools and equipment?

8) Does employer provide training to worker?

9) Is worker paid a salary, hourly rate, or piece rate basis?

10) Did worker previously perform the same job duties for the business as an employee?

11) Does worker believe he/she is an employee, not an independent contractor?