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This. I run a sole proprietorship LLC for platform engineering consulting services. I’ve had CA companies give me a hard “no” until they learned I was incorporated in AZ, living in AZ, and that a majority of the work would be performed remotely from AZ. As I understand it (second hand from these companies) they open themselves up to liability under California labor law if it’s later determined that contracting/consulting work was “misclassified” and “should have been employment.” I don’t personally know the reason for this, or what the liability is, but it seems like some companies are worried about having consultants/contractors later reclassified as employees. Me being in AZ has been the turning point for closing contracts though.

Original discussionAsk HN: Whatever Happened To *Free*lancing?187 source comments · at import
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EV

The "have a company" route isn't necessarily a magic bullet if you're not working with multiple clients. One of our clients (a Fortune 1000 company) had a program to weed out mis-classified contractors (individuals who really should have been employees). They demanded proof our LLC wasn't just contracting with them. It wasn't a problem for us, fortunately, but the one-man shop w/ a single client might not have fared as well. (It's also unclear to me why somebody would do that, but that's another topic...)

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LA

The liability is that it’s tax fraud. https://www.businessnewsdaily.com/770-contract-vs-employees-...

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TO

This kind of law exists because companies coerce people into becoming "freelancers", so the company doesn't have to pay benefits and can fire them at will, but then ask the "freelancer" to come to the office everyday, clock in and out in time, wear a badge, work 40h week, etc. So lawmakers crack down on that, but law is a blunt instrument, and other valid situations can get more complicated. But believe me, those laws are created 100% because companies abuse the concept of contractor.

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