EmploymentQuestion 38 of 690

A contractor hires a worker who is classified as an independent contractor but actually meets the definition of an employee. The main risk to the contractor is:

a.The worker can refuse overtime
b.The worker can sue only in federal court
c.The contractor loses their CSLB bond
d.The contractor must pay back wages, taxes, and penalties

Explanation

Misclassifying employees as independent contractors exposes contractors to liability for back wages, unpaid overtime, failure to provide benefits, unpaid payroll taxes, and significant penalties.

Law Reference: Labor Code §226.8

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