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Repeated below but this comment seems more pertinent: Can the California state legislature create a new federal class of worker? I keep seeing this in threads
by AaronFriel 6y ago
Repeated below but this comment seems more pertinent:
Can the California state legislature create a new federal class of worker?
I keep seeing this in threads, but I don't understand the rationale. The United States Federal Government recognizes W-2 and 1099 filings, the State of California cannot invent a new Federal filing status or amend the United States Code, correct?
- jedberg 6y agoNo but they can create a new state classification and then make the employer do a 1099 for that person federally but treat them differently under state law.
- cjlars 6y agoI believe you're correct that federal intervention would be the best outcome here.
- jeffdavis 6y agoI disagree. The federal distinction is mainly for federal taxes. The state is not just concerned with taxes, it's also concerned with other labor laws, so it may need to distinguish differently.
- cjlars 6y agoI mean, you would need both right? You want consistent tax treatment the whole way through and obviously state worker protections would be the main thing. What am I missing?
- jeffdavis 6y agoI don't see why that's helpful. W2 employees would be treated the same as now. 1099 employees would be treated the same from a federal standpoint, but separated into two groups from a state standpoint.