Việc làmCâu 970 / 1605
A contractor advises a worker to obtain an EIN and 'set up an LLC' so the contractor can pay him as a 1099 contractor, even though the worker performs the company's core framing work under close supervision. What is the risk?
a.The LLC automatically makes the worker a valid independent contractor
b.The worker, not the contractor, bears all legal exposure
c.The arrangement likely fails the ABC test and constitutes misclassification despite the LLC and 1099
d.There is no risk once a 1099 is issued
Giải thích
Forming an LLC, obtaining an EIN, and issuing a 1099 do not convert an employee into a lawful independent contractor. The ABC test still applies: framing is within the company's usual course of business (prong B fails) and close supervision undercuts prong A. This is misclassification, and Labor Code §226.8 penalizes the hiring contractor, not just the worker, for willful misclassification.
Trích dẫn luật: Labor Code §226.8; joint enforcementLuyện miễn phí toàn bộ 1605 câu hỏi — không cần đăng ký.
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Người kiểm duyệt Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — kiểm tra)