Mountain View, CA asked in Employment Law for California

Q: Rather than hiring full time employees, can I hire independent contractors to do the work instead?

My food business (popular sandwich franchise) is growing and I'd like to hire independent contractors rather than deal with the hassle of hiring full time employees.

Legally, is this possible?

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1 Lawyer Answer
Aryeh Leichter
Aryeh Leichter
  • Los Angeles, CA
  • Licensed in California

A: There is nothing prohibiting an employer from hiring independent contractors from performing the work of the business. What is absolutely prohibited, however, and what the California Franchise Tax Board and IRS have been cracking down on for the past few years is mis-classifying employees as independent contractors to avoid the "hassle" of hiring employees. Under California law, a person doing work on behalf of another person or business entity is presumed to be an employee. You should never classify someone as an independent contractor without first speaking with an employment attorney.

Please feel contact me ( or 213-381-6557) if you wish to discuss the matter further.

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