What is an independent contractor and does an employer have the right to control the mode and manner of the work?

California, United States of America


The following excerpt is from Nazemi v. Goodman, B209989, No. LC075586 (Cal. App. 2010):

"An independent contractor is one who, in rendering services, exercises an independent employment, and represents the employer only as to the results of his work and not as to the means whereby it is to be accomplished." (George v. Chaplin (1929) 99 Cal.App. 709, 712 [where there was evidence that the employer, a car dealership, had the right to control the mode and manner of the work done by an automobile salesman when he injured customers in a car demonstration, meaning the salesman was not an independent contractor].)

Other Questions


Does a hirer who fails to properly supervise the work of an independent contractor have a claim for damages arising out of the acts of the independent contractor? (California, United States of America)
What is the evidence supporting the right of the County to control the "manner and method in which [Clinic employees'] work is performed"? (California, United States of America)
If an attorney's work is complete upon signing of a decree of distribution, and if so, how much work must be done by the attorney to complete the work before the attorney has to engage other counsel for the remaining 60% of his work? (California, United States of America)
What factors are considered to determine whether an employee has a right of control and whether they are independent contractors? (California, United States of America)
Is there a duty on a third party tortfeasor to notify an employer of a settlement where the employer's right to reimbursement is in jeopardy? (California, United States of America)
Is a contractor liable to third parties for injuries caused by the contractor's negligence in performing the work? (California, United States of America)
Does a ship's owner have sufficient control to be considered an employer in a maritime employment relationship? (California, United States of America)
What is the test for a claim that a regulation does not give notice to an employer when the employer is an "employer"? (California, United States of America)
Can a defendant be found guilty as an aider and abettor as a result of his or her right to control of a controlled substance? (California, United States of America)
Is an employer liable for injuries sustained by an independent contractor who causes injuries to a patient as a result of negligence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.