雇佣要求第 912 / 1632 题

A general contractor misclassifies several framers as independent contractors to avoid payroll taxes and workers' compensation. Which is a likely consequence?

a.A warning letter from the CSLB and no further action
b.Back payroll taxes, unpaid overtime, and civil penalties
c.Loss of the workers' wage claims against the contractor
d.No consequence, since classification is the employer's call

解析

Misclassifying employees as independent contractors exposes the contractor to EDD assessments for back payroll taxes and contributions, Labor Code liability for unpaid overtime and minimum wage, and civil penalties under §226.8 of $5,000 to $15,000 per willful violation. (a) understates it: CSLB discipline under B&P §7110 is possible but is not the main exposure, and it does not displace the tax and wage liability. (c) inverts the remedy - misclassification does not extinguish the workers' claims, it is the reason they have them. (d) is the 'it's my business, I choose' belief; classification is decided by the ABC test in §2775, not by the parties.

法律依据: Labor Code §226.8; §2775

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