Your first helper: why almost everyone you pay to pull wire is an employee, and the one way a subcontractor is not

In one paragraph

The day you cannot do it alone, the question is not 'employee or 1099?' California already answered it. Anyone you pay to help with electrical work is an employee unless you can prove all three parts of the ABC test, and part B, that the work is outside your usual course of business, fails for a helper pulling wire for an electrical contractor by definition. The only route to a lawful non-employee on your jobs is a real subcontractor: a business with its own CSLB license, its own contract with you in writing, its own shop, its own insurance and the power to hire its own people. This lesson walks the test, the construction exception in Labor Code 2781, the older rule in 2750.5 that an unlicensed person doing licensed work can never be an independent contractor, and the price of guessing wrong: $5,000 to $25,000 per violation, an order sent to CSLB, and a disciplinary case the Board must open within 30 days.

The rule

A person providing labor or services for pay is an employee unless the hiring entity proves the worker is free from its control, performs work outside the usual course of its business, and is customarily engaged in an independent trade of the same nature (Labor Code 2775(b)(1)); a worker doing work that requires a contractor's license is presumed to be an employee and must hold a valid license to be an independent contractor at all (2750.5). A construction subcontractor escapes the ABC test only if the subcontract is written, the subcontractor is CSLB-licensed for the work, has any required business license, a separate business location, authority to hire and fire, financial responsibility shown by insurance, indemnity, bonds or warranties, and an independently established business (2781). Willful misclassification carries civil penalties of $5,000 to $15,000 per violation, $10,000 to $25,000 for a pattern, and a referral to CSLB (226.8).

Why it matters

Misclassification is the most expensive habit in the trade because it looks free for years. The helper on a 1099 costs nothing extra until the day he is hurt, quits and files, or is counted by an EDD auditor, and then the bill is back payroll taxes, workers' compensation penalties, wage-and-hour liability, a civil penalty per violation and a CSLB case. The lesson is not about paperwork. It is about understanding that the law has decided your helpers are employees, and building your prices and your first hire around that fact instead of against it.

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