Q: Can a consulting Engineer charge a client mileage and not be considered an employee?
I work for an engineering consulting firm in California and have always charged our clients mileage. Recently a client stated that if we charge him mileage, then that makes us an employee and he would be liable in the case of an accident.
He said that this is a California Law. (I can't find anything on it)
Is this correct?
A:
No that is not correct. Two parties who enter into a contract can agree on compensation and expenses without turning the relationship in to an employment one. However, the statutory right to mileage is only guaranteed under the Labor Code. That may be what the other person is confused about. There is absolutely nothing about an agreement between contracting parties to cover mileage expenses, or any other forms of expenses, that converts the relationship to employee. That determination is made using another far more complicated test. A thorough analysis of your situation compared to that test would be required to know if in fact you are an IC or an employee.
Good luck to you.
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