California recently (2020) passed a measure to re-write labor law within the state. It’s confusing and lots of businesses we work with have genuine concerns about how it affects independent contractor labor, like the editing services we provide. Don’t Worry! Luckily for us, we fall within the Business-to-business services exemption written into the law. Therefore any work we provide for you is not affected by this new law. Here are the 12 factors that we satisfy to meet this exemption.
Control. The business service provider must be “free from the control and direction” of the contracting business entity, both under the contract and in fact.
Max Edit controls the process and schedule of our services to meet or exceed your deadline.Services must be to the business, not customers. The business service provider must provide services directly to the contracting business rather than to customers of the contracting business.
Max Edit only provides business-to-business services. We do not interact with your customers unless it is necessary for the completion of the job.In writing. The contract with the business service provider must be in writing.
Max Edit’s approved bid/proposal is your contract.Properly licensed. The business service provider must have required business licenses and business tax registrations.
Max Edit is licensed & registered with our local government. Business License available upon request.Separate location. The business service provider must maintain a business location that is separate from the location of the contracting business.
Max Edit performs its services from it’s work studio in Downey, California. We do not perform work at client sites.Independent, established business. The business service provider must customarily engage in an independently established business of the same nature as that involved in the work performed.
Max Edit has been an independent business in the video production industry since 2002.Other clients. The business service provider must actually contract with other businesses to provide the same or similar services and maintain a clientele without restrictions from the hiring entity.
Max Edit loves all our clients! We think thats pretty obvious from the work we choose to promote.Actively advertises. The business service provider must advertise and hold itself out to the public as available to provide the same or similar services.
Max Edit is on the internets!Provides own equipment. The business service provider must provide its own tools, vehicles, and equipment to perform the services.
Max Edit only uses their own equipment.Negotiate rates. The business service provider must be able to negotiate its own rates.
Max Edit works with you to give you the best estimate of cost on your job based on what you need and when you need it. Every job is different.Set own hours and location. Consistent with the nature of the work, the business service provider must be able set its own hours and location of work.
Max Edit sets its own schedule and calendar.Not applicable to construction. The business service provider must not perform the type of work for which a license from the Contractor’s State License Board is required, pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code.
Max Edit promises not to build a house for you.