1099

In order to answer your question, I would need to know more about the work you do, the business of your boss, and the structure of your work position.  Very recently, the California Supreme Court issued a unanimous ruling making it harder for employers to classify workers as independent contractors.  To classify someone as an independent contractor, businesses must show the worker is free from the control and direction of the employer, performs work that is outside the hirer's core business, and customarily engaged in an "an independently established trade, occupation or business."  This last factor is of special significance to the Court because if a worker is not engaged in their own business, there is a "substantial risk" that the hirer has misclassified the worker. A worker may be denied the status of employee "only if the worker is the type of traditional independent contractor, such as an independent plumber or electrician, who would not reasonably have been viewed as working [as an employee] in the hiring business."  The Court used a plumber as an example of an independent contractor, while a seamstress working from home to make dresses for a clothing manufacturer from cloth supplied by the company, or a cake decorator who work regularly on custom-designed cakes would be employees. In summary, three factors are relevant:  1) amount of direction and control the hirer has over the worker; 2) does the worker perform work that is outside the hirer's core business; and 3) is the worker engaged in their own independent business?   I hope this is helpful for you in assessing your situation.  Feel free to contact me to discuss further.