Work should not be performed on campus prior to final approval by Human Resources and fully executed Agreement is signed.
Independent Contractors (IC) are identified by the absence of an “employer-employee” relationship. In accordance with the California Supreme Court decision, Dynamex Operations West vs. Supreme Court, and Assembly Bill 5, the CSU and CSUSM Corporation adopts the ABC TEST to determine whether a person is an employee or an independent contractor. This test applies the presumption that all workers are employees, unless the employer can prove each of the following requirements:
The determination of whether an individual should be classified as an independent
contractor or as an employee is not straightforward. It requires detailed analysis
of each situation’s unique circumstances. Because of recent changes in the law, past
approval of an individual as an independent contractor should not lead to a presumption
that the same classification will be made again. Convenience cannot be a determining
factor for classification. It is important to understand that misclassification can
result in serious financial penalties and consequences for the campus.
The following procedures are to be used to complete and submit the Independent Contractor Request Form. If the proposed Independent Contractor is a current CSUSM Corporation, CSU or State of California employee, DO NOT proceed with this Independent Contractor Request Form. There are also restrictions placed on those who have been employed by the State of California (including the CSU) in the past one to two years. Please contact Human Resources for further guidance.