San Diego, CA asked in Business Formation, Business Law and Tax Law for California

Q: I have a vending machine business, can I have freelancers?

I know there some ab 5 law now but I want to hire freelancers to stock my machines. I will purchase the food products for the machines. They will stock the machines once or twice a week. Meaning 1- 2 hours a week. I am giving them a set payment amount for each month they help me. Do I have to register them as employees or can they be freelancers?

1 Lawyer Answer
Julie King
Julie King
  • Monterey, CA
  • Licensed in California

A: The chances are very high that those workers would be classified as employees. In today’s world, it is harder than ever to successfully classify a worker as an independent contractor. But a lawyer would need to ask a lot of questions before giving an opinion. For example, will the workers have their own independent businesses with business cards, etc., and actively working with other clients? Here is a site with some information If you want a formal opinion, you’d have to see a lawyer and answer a lot of questions. Best wishes!

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