In California, workers are assumed to be employees who are entitled to certain rights such as minimum wage and overtime pay, sick leave, required meal breaks, and workers’ compensation for on-the-job injuries. Independent contractors have fewer protections.

Being told that you are an “independent contractor” by your employer, or being given an IRS Form 1099 instead of the Form W-2 is not what determines employment status. California law is what determines whether you are a W-2 employee or 1099 independent contractor.

Under California law (Labor Code sec. 2778(b)(2)(L)),  a licensed esthetician, licensed electrologist, licensed manicurist, licensed barber, or licensed cosmetologist can be treated as an independent contractor if the business owner can show ALL of the following apply to the licensee:

1. Sets their own rates, processes their own payments, and is paid directly by clients.

2. Sets their own hours of work and has sole discretion to decide the number of clients and which clients for whom they will provide services.

3. Has their own client list and schedules their own appointments.

4. Maintains their own business license for the services offered to clients.

5. If the individual is performing services at the shop of the business owner, then the individual issues a Form 1099 to the salon or business owner from whom they rent their business space.

An example is Ann Nguyen, who provides nail services at Pink Nail Salon:

1. Ms. Nguyen comes into the salon only twice a week, as she prefers,  between 12-4 pm to provide manicure and pedicure services that she schedules.

2. She has decided to charge her clients $75 for a pedicure or a traditional manicure.

3. After each appointment, she receives and processes their payments directly.

4. She has a business license from her county.

5. She issues a 1099 to the business owner for the rent she is paying for her space in the salon.

• Filing a complaint with the Labor Commissioner, Cal/OSHA, the Civil Rights Department, or another government agency.

• Asking about your employer’s compliance with federal, state, or local law.

• Talking with others about their rights or helping them exercise their rights under federal, state, or local law.

Examples of illegal retaliation include firing you, reducing your work hours, or threatening to report you or a relative to immigra

California workers have certain rights and protections under the U.S. Constitution, regardless of their immigration status, including when law enforcement (including a federal immigration agent) approaches you.

In addition, under California law, state and local law enforcement cannot assist federal agencies such as ICE with immigration enforcement in most circumstances. Your right to be free from unreasonable searches (U.S. Constitution, 4th Amendment).

• If law enforcement, including immigration agents, ask if they can search you or your personal belongings, unless they have a judicial warrant specifically authorizing a search of your person or your personal belongings, you have the right to say no.

• If the officer conducts the search, even if you say no – remain calm, do not physically resist, and do not run.

Law enforcement can enter public areas without a warrant. Public areas may include a lobby, waiting room, public dining area, or parking lot of a workplace. In most circumstances, law enforcement needs a judicial warrant, signed by a judge, to enter non-public areas of your workplace without consent. Non-public areas may include a breakroom, employee restroom, workspace, or any area marked as employees only. Administrative forms, such as an I-200 or I-205, are not a judicial warrant.

In California, your employer is prohibited from providing voluntary consent to an immigration enforcement agent to enter non-public areas of the workplace. Without a judicial warrant, your employer must refuse entry to immigration enforcement to non-public areas of the workplace.

More detailed information can be found in the DOJ’s and LCO’s joint Immigrant Worker Protection Act FAQ (https://oag.ca.gov/ system/files/media/ab450-faqs.pdf).

You are protected against unreasonable seizures, which includes detaining or arresting you.

• Law enforcement must have a reasonable suspicion of wrongdoing before they can stop and question or search you. You can ask, “Am I being detained?” or “Am I free to leave?” If the officer says that you are not being detained or you are free to leave, then you can walk away calmly.

• An arrest requires probable cause and occurs when a person is taken into custody by law enforcement officers.

• Law enforcement agents do not need a judge-signed warrant to arrest someone in public.

• You have the right to speak to a lawyer if you are arrested. You may be pressured to sign documents. You do not have to sign anything without speaking to an attorney.

• Anything you say to law enforcement officers can be used against you in court.

• You have the right to remain silent, even if you are asked about your immigration status.

• If you wish to remain silent, clearly state so, request to speak with an attorney, and then remain silent.

• Do not provide false information, false identification, or false documents to an officer. Providing false documents is a federal offense and may carry severe immigration consequences for noncitizens. goes here

The public has the right to observe and record officers and government officials carrying out their duties in public. If you choose to record, you should stand a safe distance away and do not interfere with the officer’s actions. Physical obstruction or verbal escalation can put your safety at risk and may lead to criminal charges.

Your employer must allow you to provide them with emergency contact information and to indicate if you want the emergency contact to be notified if you are arrested or detained at work.

If you are arrested or detained at work and your employer has knowledge of it, they must notify your designated emergency contact if you choose that option.

If you are arrested, you have the right to an attorney. If you cannot afford an attorney, you can get a government-appointed attorney to represent you in a criminal case. However, if you are arrested by U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP), which includes Border Patrol, for civil immigration violations, you have the right to consult with a lawyer, but the government is not required to provide a lawyer for you.

If you are arrested by ICE or CBP, you may invoke your right to speak with an attorney before saying or signing anything. You may also ask to speak to your consulate who may provide assistance goes hereion goes here

You have the right to workers’ compensation benefits if you are injured or become ill because of your job. The benefits provide you with medical care for your injury/illness, partially replace the wages you lose while you are recovering, and help you return to work.

For additional information, visit www.dir.ca.gov/dwc/ or call 1-800-736-7401.

Under California law, it is unlawful for employers to retaliate against you or threaten immigration-related action when you exercise your rights. An employer is prohibited from taking any of the following actions because you exercised your rights:

• Refusing to accept identification documents during the I-9 process (proof of ID and federal permission to work) that appear to be genuine.

• Using E-Verify in a way not required or authorized by law.

  • For example, using E-Verify to reverify employment eligibility for an employee when not legally required to do so or screening only specific workers rather than all workers in a workplace without a legitimate basis for doing so.

• Reporting or threatening to report you or your family to immigration authorities.

• Filing or threatening to file any false report to the police or a state or federal agency.

Most employees in California have the right to organize, join, or participate in union activities. Employees also have the right to jointly act with co-workers to address work-related issues and concerns to improve working conditions or for the purpose of collective bargaining. This means you have the right to join with coworkers to request better working conditions or raise work-related concerns, including about wages, hours, health and safety, and other terms of employment. You also have the right to not participate in union activities or protected activities. It is illegal for your employer to:

• Interfere with or discourage your union activity or protected activities.

• Threaten you, or retaliate or discriminate against you, because of your union support or protected activities.