Q: Do 1099 contractors have rights regarding possible COVID exposure?
I’m a photographer (1099 contractor) for a real estate business in California that makes virtual tours using business owned equipment. I have done nearly 50 listings, mostly residential, spanning the last 7 months.
In many instances, not all, the listing has been vacant and I signed papers agreeing that the property has been sanitized for COVID-19.
But for most tours, the property hasn’t been vacated and the agent and/or seller is usually on site. Sometimes they wear masks, sometimes they don’t. No papers are signed for these. I just have a hope and a prayer, I guess.
Should the business and/or agents disclose to me that a seller recently had COVID-19? Should the seller disclose that? Do I have any legal right to know?
Today a maskless seller told me that he and his whole family had COVID-19 a month ago. This was after I finished the tour — not before. He said they had all since recovered.
Virtual tours are kinda invasive, so it got me thinking.
A:
An independent contractor's rights and duties are defined by the contract between you and the other party to the contract. For the most part, laws enacted to protect employees will not protect independent contractors, with some exceptions. Whether your contractual partner can force you to work under the conditions you cite will depend on the express or implied terms of your independent contract.
Good luck to you.
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