雇佣要求第 912 / 1605 题
A general contractor misclassifies several framers as independent contractors to avoid payroll taxes and workers' compensation. Which is a likely consequence?
a.Only a written warning from the CSLB
b.Liability for back payroll taxes, unpaid overtime, and statutory misclassification penalties
c.The workers lose all wage claims
d.No consequence, because classification is entirely the employer's choice
解析
Willful misclassification exposes an employer to back payroll taxes and contributions (EDD), unpaid overtime and minimum wage under the Labor Code, and civil penalties under Labor Code §226.8 (which can range into thousands of dollars per violation). The employer may also owe workers' compensation liabilities. Classification is not a free 'choice'; it is governed by the ABC test, and misclassification carries serious penalties.
法律依据: Labor Code §2775 et seq.免费刷完整 1605 道题库 — 无需注册。
同考点相关题目
- A carpenter must buy specialized safety boots and use his personal cell phone for job scheduling required by the employer. Under California law, who bears these costs?
- Under California's 'ABC test' for worker classification, a worker is presumed to be an EMPLOYEE unless the hiring entity proves all three prongs. Which of the following is one of those prongs?
- Under the ABC test, prong 'B' requires that the worker perform work that is:
- Labor Code §226.8 penalizes the 'willful misclassification' of employees as independent contractors. What is the general per-violation civil penalty range under that statute?
- An unpaid worker wants to recover wages without hiring a lawyer or filing in court. Which California agency handles administrative wage claims?
- After a worker files a wage claim with the Labor Commissioner, an evidentiary hearing may be held to resolve the dispute. What is this hearing commonly called?