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Home Business Documents Independent Contractor Agreement California

California Independent Contractor Agreement Template

Use a California Independent Contractor Agreement to create a contract between an employer and a non-employee worker in California.

Published August 26, 2022

A California Independent Contractor Agreement is used to outline the terms and conditions of a contract between a client and an independent contractor. The agreement documents the details of the independent contractor, what services they will provide, and distinguishes them from an employee of the business for tax and legal purposes. The agreement helps to establish a working relationship between both parties.

Table of Contents
  • What is an Independent Contractor in California?
  • What to Include in a California Independent Contractor Agreement?
  • Sample California Independent Contractor Agreement

What is an Independent Contractor in California?

In California, an independent contractor is separate from normal employees which has led the state to adopt contractor laws to prevent misclassification.

Independent contractors typically work on one-off projects for a company and work as an independent entity. Typical job titles of an independent contractor include:

  • Freelance writers
  • Web designers
  • Construction workers
  • Graphic designers

California uses the ABC test to determine whether someone is an independent contractor.

What is the ABC Test?

The ABC test is utilized to determine whether an employee is an independent contractor. The ABC test was formed for the purpose of employment laws in California. To clarify laws regarding an independent contractor and unemployment insurance, wages, and hours worked. To determine if someone is an independent contractor the following must be met:

  1. According to actuality and contract, the individual is free from the control and directives of the organization hiring them to complete a specific job.
  2. Work completed by the individual is not normally done by the agency hiring them.
  3. The individual being hired has their own business, or trade, previously established as separate, yet is the same type of work being hired to do.

SinceProposition 22 was adopted, individuals performing gig-type work are no longer subjected to the ABC test.

What is AB 5?

AB 5 is a bill that was signed into California law in September 2019 by the Governor. It addresses employment status when a business hires a person as an independent contractor. As part of AB 5, the ABC test must be used to determine if workers in the state of California are classed as employees or independent contractors.

What to Include in a California Independent Contractor Agreement?

When drafting an independent contractor agreement California template the following information should be covered:

  • What services will be provided
  • How services will be provided
  • Where services will be performed
  • Payment terms
  • Obligations of the parties
  • Intellectual property
  • Any indemnities or warranties relevant to the job
  • Termination of employment

Sample California Independent Contractor Agreement

Below you can download a California independent contractor agreement template in PDF and Word format:

California Independent Contractor Agreement

California Independent contractor agreement screenshot

Download PDF
Download MS Word

Related Business Documents

  • California Business Purchase Agreement: If you're buying or selling a business in California then a business purchase agreement is used to record the sale of the business.
  • California LLC Operating Agreement: Use our California LLC operating agreement to outline vital information.
  • Notice of Contract Termination: Use a notice of contract termination to let a party, or parties, know you wish to terminate an agreement they'd previously entered.
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California Independent Contractor Agreement

Create your California Independent Contractor Agreement today!

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