Is a hygienist an independent contractor or an employee?
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Is a hygienist an independent contractor or an employee?

Because different laws may be involved in a particular situation such as a termination of employment, it is possible that the same individual may be considered an employee for purposes of one law and an independent contractor under another law. Because the potential liabilities and penalties are significant if an individual is treated as an independent contractor and later found to be an employee, each working relationship should be thoroughly researched and analyzed before it is established. Based off the criteria of an independent contractor in California, hygienists would not meet that criteria, therefore they need to be classified as nonexempt employees. This is the best approach in light of legal implications around misclassifications. Please reference state-specific guidelines for independent contractor criteria.

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