All notes for Subtopic 200.06000 – Independent Contractors
| Region 4 Court Interpreter Employment Relations Committee and the Superior Court of California, County of Riverside
200.06000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Independent ContractorsUnder Trial Court Interpreter Act, collective bargaining rights were not extended to independent contractors, but rather were limited to interpreters who are employed by the courts full-time or part-time or who are on call as court interpreters pro tempore. The scope of representation section of the Trial Court Interpreter Act was not intended to provide who has the right to be represented by an employee organization, but rather what are the matters which are mandatory subjects of bargaining under the Act. Because a recognized employee organization cannot bargain for different alternative dispute resolution procedures for independent contractors which it is not authorized to represent, the arbitration procedures enunciated in the Trial Court Interpreter Act at Government Code section 71802(f) apply to independent contractor disputes under the Act regardless of any dispute procedures for trial court employees agreed upon in a memorandum of understanding. more or view all topics or full text.
| Ventura County Community College District
200.06000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Independent ContractorsIn determining the employee status under the Act the Board is not bound by the employer or employee’s intentions, only the language of the Act. Board applied the common law right to control test to determine whether an individual was an employee or independent contractor. more or view all topics or full text.
| State of California
200.06000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Independent ContractorsFactors such as documentary evidence that indicates charging party was assigned a vendor’s number and received payment based on invoices, receipt of a Form 1099, Miscellaneous Income, and evidence that the state always treated charging party as an independent contractor argue in favor of finding charging party provided services to the state as an independent contractor. more or view all topics or full text.
| Goleta Union School District
200.06000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Independent ContractorsConsultant counselors are employees despite personnel contracts with the employer describing them as "independent contractors." NLRA precedent is not persuasive. Section 3540.1(j) definition of "employee" does not contain language comparable to the federal exclusion of independent contractors. Consultant counselors possess the normal indicia of certificated employee status, including state- mandated credentials. They receive their assignments from and are supervised by school principals. In determining employee status under EERA, Board must rely primarily on statutory language, though will consider, in part, indicia of employment where they are appropriate; p. 15. more or view all topics or full text.