that the worker performs work that is outside the usual course of the hiring entity’s business;
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Reply to: California’s very own IR35
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Previously on "California’s very own IR35"
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And just as stupid, by the looks of it.
Right, cos it's not possible to need some help from other contractors to deliver your normal business? Trades are forever subbing out bits of work on an ad-hoc basis.
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California’s very own IR35
https://onlabor.org/looks-like-the-g...in-california/
Under that test, a hiring entity that wants to classify workers as independent contractors has the burden of establishing each of the following three things:
(A) that the worker is free from control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact;
(B) that the worker performs work that is outside the usual course of the hiring entity’s business; and
(C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity.Tags: None
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