Independent contractors are not treated the same as employees. While independent contractors have more freedom in their work, they also lack some of the protections enjoyed by traditional employees, such as workers' compensation and unemployment benefits. They are also responsible for paying their own taxes directly to the Internal Revenue Service from the first dollar, since their taxes are not withheld by the business that is paying them. If you have a question as to whether you should work as an independent contractor or as an employee, contact an experienced employment law attorney today to discuss your situation.
Los Angeles Employment Law Attorneys Helping Employers
Helping Southern California Businesses Understand Employment Law for Over 20 Years
California employers routinely face numerous employment law legal challenges ranging from wage, discrimination and FMLA disputes and class action suits to the need to train managers and supervisors regarding federal and state employment laws.
The attorneys of the Bononi Law Group, LLP, have worked with hundreds of southern California employers and partner both with smaller firms and Fortune 50 and Fortune 500 firms. For more information regarding employment law and our firm, review the helpful information provide below or call 1-800-641-5548.
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The employment law lawyers of the Bononi Law Group, LLP, combine extensive casework experience with a reputation for diligence and excellence. Our team includes legal lectures and educators as well as two attorneys listed as California Super Lawyers. For effective legal help from committed employment law attorneys, call 1-800-641-5548.
Does your firm face an employment law dispute filed by an individual or group? The lawyers of the Bononi Law Group, LLP, have worked with California employers for over two decades. For a no-charge consultation, contact us at 1-800-641-5548.
The Hiring Process
Applicants for employment positions have rights whether or not they become employees. Under federal law, it is illegal for an employer to discriminate in its hiring process based on race, national origin, gender, pregnancy, age, disability or religion. State and local laws may specify additional protected classes based on categories such as sexual orientation. Employers must abide by anti-discrimination laws at each stage of the hiring process, from placing the ad to interviewing and the final selection of the candidate. There are few exceptions to these rules, but an employer may discriminate on some bases if a bona fide occupational qualification (BFOQ) exists. A BFOQ can be based on a reasonable and necessary job requirement, but this is a narrow exception. If you are concerned about discrimination in hiring, contact Bononi Law Group, LLP in Los Angeles, California, today to schedule a consultation with an employment law attorney to discuss your situation.
Employer Interview Questions
Generally, employers should avoid asking questions that relate to the classes protected by discrimination laws. The following examples are the types of queries that are illegal for prospective employers to ask:
- Whether the applicant has children or intends to have children
- Applicant's marital status
- Applicant's race
- Applicant's religion
- Applicant's age (other than inquiring whether over age of 18)
- Whether applicant has a disability
- Applicant's citizenship status
- Questions about whether the applicant has ever had a drug or alcohol problem
An applicant may raise questions related to these areas during a job interview. If so, the employer may discuss these topics to the extent necessary to answer the applicant's questions.
Hiring Process
Whenever an employer seeks to hire a new employee, the employer should take a number of steps before that new employee begins work:
- Obtain the employee's Social Security number or IRS Individual Taxpayer Identification Number (ITIN)
- Have the employee fill out a W-4 form for income tax withholding
- Ensure that Occupational Safety & Health Administration (OSHA) regulations are being followed
- Arrange to pay relevant federal and state unemployment compensation taxes
- Arrange to pay Social Security and Medicare taxes for the employee
- Ensure that workers' compensation insurance covers the new employee
- Ensure that required labor notices are posted in the workplace as required by the Department of Labor (DOL)
- Assist new employee with registration for employee benefits
When an employer hires a new employee, the employer should be careful to avoid making promises to the employee that it may not be able to keep. Such false statements or promises on behalf of the employer may result in breach of contract. An employer should be careful not to exaggerate the security of the job or the prospects of the business. A promise that stock options will be worth a given amount, that the employee has a job for life or that employee will receive significant pay increases may result in an implied contract. If these promises are not kept, the employer may be responsible to the employee for damages the employee incurred in relying on the employer's promise.
Speak to an Employment Law Attorney
An employer must be careful not to discriminate against an applicant on illegal grounds and must use caution in making promises to employees. If you have any questions about these issues, Bononi Law Group, LLP in Los Angeles, California, can help. Call today to schedule a consultation with an employment lawyer.
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