Lab. Code §2753. Advice to Treat Employee as Independent Contractor to Avoid Employee Status

Lab. Code §2753. Advice to Treat Employee as Independent Contractor to Avoid Employee Status

(a) A person who, for money or other valuable consideration, knowingly advises an employer to treat an individual as an independent contractor to avoid employee status for that individual shall be jointly and severally liable with the employer if the individual is found not to be an independent contractor.
 (b) This section does not apply to the following persons:
  (1) A person who provides advice to his or her employer.
  (2) An attorney authorized to practice law in California or another United States jurisdiction who provides legal advice in the course of the practice of law. [2011]

Leave a Reply