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§ 4304-9. Specific Application of Rules for Determination of Employment Status to Circumstances...

22 CA ADC § 4304-9BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 1. Employment Development Department [FNA1]
Subdivision 1. Director of Employment Development
Division 2.5. Withholding Tax on Wages
Chapter 1. General Provisions (Refs & Annos)
22 CCR § 4304-9
§ 4304-9. Specific Application of Rules for Determination of Employment Status to Circumstances in the Language Interpreter's Industry.
(a) To determine whether services are performed as an employee or independent contractor refer to the common law rules contained in section 4304-1 of these regulations. Section 4304-1 provides that “to determine whether one performs services for another as an employee, the most important factor is the right of the principal to control the manner and means of accomplishing a desired result.” Section 4304-1 lists factors which are evidence of the existence or absence of the right of control, to be considered when making an employment determination. Section 4304-9 provides standards to be used when applying the common law rules specifically to language interpreters and is intended to make clearer those circumstances under which a language interpreter is an independent contractor or employee.
(b) Definitions:
For purposes of this regulation, the following definitions will apply:
(1) A “language interpreter” is an individual who interprets or translates one or more languages. For example, language includes, but is not limited to, non-English or sign language and interpreted or translated by means of verbal or written communication.
(2) A “principal” is any individual or entity for whom or which the language interpreter performs interpreting or translating services. A principal can be either an agency, client or customer of an agency, or any other individual or entity.
(3) An “agency” is any service, agency, individual, partnership, corporation or other entity that contracts with clients or customers to who it provides language interpreters.
(c) Determination Factors:
To determine whether one performs services for another as an employee, the most important factor is whether or not the principal has the right to control the manner and means of accomplishing a desired result. Each of the following factors shall be used to determine if an employment relationship exists. Not all factors listed in this section (4304-9) are necessary to make a determination that a particular relationship exists. A determination of whether services are being performed as an employee or independent contractor will depend upon a grouping of the factors that are significant in relationship to the services being performed. (See following factors.)
Note: Authority cited: Sections 305 and 306, Unemployment Insurance Code. Reference: Section 621, Unemployment Insurance Code; and Senate Bill No. 358, Chapter 701, Sec. 2, Stats 1993.
HISTORY
1. New section filed 9-14-95; operative 10-14-95 (Register 95, No. 37).
This database is current through 11/12/21 Register 2021, No. 46
22 CCR § 4304-9, 22 CA ADC § 4304-9
End of Document