How can it be determined whether a minor is an independent contractor or an employee?
For purposes of workers’ compensation, Labor Code Section 3351 defines “employee” generally as “every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written.” Labor Code Section 3353 defines “independent contractor” generally as “any person who renders service for a specified recompense for a specified result, under the control of his principal as to the result of his work only and not the means by which such result is accomplished.” The Labor Commissioner considers many factors in determining independent contract status.
To be classified as an “independent contractor,” the person needs to be licensed or certificated in a particular expertise, have specialty skills, and the service is not offered through the employer. In a majority of cases, this excludes a minor from Independent Contracting employment. A “Permit to Work and Employ” is only issued to minors who have an employer and they are accepting the responsibilities of the minor as their employee. According to the DLSE, employers oftentimes improperly classify their employees as “independent contractors” so that they, the employer, do not have to pay payroll taxes, minimum wage, or overtime, or comply with other wage and hour law requirements such as providing meal periods and rest breaks, or reimburse their workers for business expenses incurred in performing their jobs. Additionally, employers do not have to cover independent contractors under workers’ compensation insurance, and are not liable for payments under unemployment insurance, disabilit
