QUESTION PRESENTED California law defines independent contractor as any person who provides

2200 WordsApr 23, 20199 Pages
QUESTION PRESENTED California law defines independent contractor as any person who provides services for a specified recompense, under the control of the principal, only for the result of his work. Acol, a guitar instructor at Marsha’s Guitar Shop, controls her own working schedule, books her own clients, and sets the prices for the services she provides. Is Acol an independent contractor? BRIEF ANSWER Yes. The principal test of a principal-independent contractor relationship is whether the hiring party has the right to control the means in which the result is accomplished. A court would most likely find that Acol is an independent contractor because she has the overall control over her own working schedule, the prices, and how she…show more content…
To Mullins knowledge, Acol does not give guitar lessons at any other location. For two or three months, on occasion, Acol covered the front desk for an ill employee. Mullins paid her ten dollars per hour after every time she worked the front desk. There is no contract between Mullins and Acol neither on the guitar lessons or the hours of work at the front desk. DISCUSSION In this case, Mullins may be able to present sufficient evidence that Acol is an independent contractor. First, the court will consider whether Mullins has control over the means by which Acol accomplishes her job. The court will also consider secondary factors established in case law. The court is likely to find Acol is an independent contractor because the right to control test and the secondary factors analyzed from a policy perspective are likely to point to a principal-independent contractor relationship. California Labor Code section 3353 defines independent contractor as “any person who renders services for a specified recompense for a specific result, under the control of his principal as to the result of his work only and not as to the means by which such result is accomplished.” Cal. Lab. Code § 3353 (West 2011). While the “right of control” test is the most significant factor of an employment relationship, applying it rigidly and in isolation is insufficient, and other secondary factors should be considered. S.G.

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