"we sense the Supreme Court will likely reject the call to leave this matter for the Legislature and will lean instead toward a judicially fashioned test that, in the view of most justices, will best fit the needs of the modern economy."
If you think of what fits the needs of the modern economy it seems ICs do, so long as they are not under full supervision of an employer. That said, CA is unique in this.
For instance, in CA a real estate broker with salespeople must supervise them. A salesperson must work under a broker. What about a licensed broker working under another licensed broker? The same applies unless their agreement says they can also work with other brokers. In that case they can work with as many as they want so long as they have the same agreement with each broker. If you're a former .CA broker don't freak out. This just started in January. My point is, .CA already seems to be leaning that way.
It's a totally different story for an employer to ask workers to get licensed, pay them as ICs to get out of paying thier share of SS and other withholdings. |
