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It looks like the OP is in California. California courts recently ruled that contract workers are presumed to be employees by default of their employing organiz
by throw_legalist 8y ago
It looks like the OP is in California. California courts recently ruled that contract workers are presumed to be employees by default of their employing organization, and places the burden of proof on the employing organization to prove they are not [1]. This test is stricter than others previously applied, and among other things, requires the work done by freelancers to be independent of the work normally done by the employing organization.
Since OP was doing freelance marketing work for a marketing organization, California now requires him to be an employee of that organization.
Upwork is acting to comply with California law here. There are civil and now criminal penalties for failing to comply (ie: people can go to jail, including the company improperly classifying freelancers).
[1] https://www.forbes.com/sites/tonymarks/2018/05/29/the-california-supreme-court-deals-a-blow-to-independent-contractors/#45cf255a70a1 https://www.forbes.com/sites/tonymarks/2018/05/29/the-califo...
- gnicholas 8y agoI agree that this is likely the root cause. Upwork obviously still botched things here, and they need to better communicate what's going on and why. They probably don't want to be transparent about this stuff because it makes their business model (hire contractors through us to do everything!) less attractive for some of their customers.