An independent contractor is someone who provides services that are unrelated to the employer’s primary business and who offers these services to the general public. An employee is someone for whom Escondido Union High School District, as an employer, controls what work is to be performed, when the work is performed and where the work is performed.
As of September 2019, the State of California passed Assembly Bill No. 5 in regard to independent contractors and employment. This bill requires a test to determine the contractor meets the requirements, better known as the ABC Test. Some professions are considered exempt, and can be found listed in SEC. 2. 2750.3.
In order to hire an independent contractor, you must first complete the Employee-Employer Questionnaire to determine if the company or individual meets the IRS standard of being a contractor vs. an employee of the District. No Independent Contractor Agreements will be processed if the completed Employee-Employer Questionnaire is not attached and approved by an administrator.
The process below outlines what is needed for classifying, engaging and paying independent contractors:
Step 1, Prior to engagement:
- Complete Evaluation of Evaluation of Employee-Employer Relationship Form
- Complete the Contract Review and Approval Form
- Obtain all the required signatures on all the required forms, and follow the contracts process
- Attach and submit all forms listed above to the office of the Purchasing Department for review and approval. Note: Forms received that do not have all the required information or missing signatures and/or approval will be returned and delay the process.
- Once signed, an electronic copy of the fully executed Independent Contractor Agreement and Employer-Employee Relationship Form will be returned to the individual who initiated the request.
Step 2, After receipt of fully executed independent contractor agreement:
- Enter requisition in PeopleSoft, attaching the contract to your requisition
- Purchasing will create a purchase order and inform the contractor and department once complete.
Step 3, Invoices & Payment:
- Submit the contractor’s invoices to the District’s Accounts Payable Department and indicate the purchase order number on each invoice.