INDEPENDENT CONTRACTORS
• The appraiser will not be treated as an employee
for state or federal tax purposes or for the
purposes of workers’ compensation or
unemployment insurance.
• The appraiser may perform appraisals on behalf
market his or her services to others.
• The appraiser is responsible for his or her own
software.
• The appraiser is responsible for his or her own
training and continuing education.
•
websites.
• Requiring a contractor appraiser to sign a
non-compete agreement or other agreement to
• Treating an appraisal trainee as an independent
independent contractor because of the required
supervision of his or her appraisal work).
THE CHANGED LAW IN CALIFORNIA AND
THE DIFFICULT “A-B-C TEST”
treating appraisers as independent contractors in
California face a more serious challenge. That’s
any workers as independent contractors. Firms
utilizing independent contractors in California now
bear the burden of establishing that such
PETER CHRISTENSEN
Peter Christensen is an attorney and owner of the Christensen Law Firm (www.valuationlegal.com). He
and issues. He’s the author of Risk Management for Real Estate Appraisers and Appraisal Firms,
published by the Appraisal Institute, and has taught hundreds of appraiser liability prevention
seminars around the country.
20 | APPRAISAL BUZZ SPRING 2020
version of the so-called “A-B-C Test.” To meet this
independent contractors:
(A) that the worker is free from the control and
performance of the work, both under the contract
for the performance of the work and in fact; and
(B) that the worker performs work that is outside
(C) that the worker is customarily engaged in an
independently established trade, occupation, or
business of the same nature as the work
performed.
has been applied under prior California law. The only
other states that apply this test in such a strict
manner – requiring all three elements to be proven
by the employer – are recognized generally by
employment lawyers as Massachusetts and New
Jersey.
time to settle in, I expect that there will be increased
treat appraisers as independent contractors in
California. Firms in California should look carefully
at their current practices and risk.
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