Independent Contractors

Insurance Requirements

Westmont's requirements for insurance coverage held by independent contractors vary based upon a variety of factors. Check this sheet, and contact Risk Management if you have questions.

Documentation Requirements

If you are engaging the services of an independent contractor (after a determination per the next section below) who will or may be paid more than $600 during a calendar year, they must submit to the Business Office a W-9 TO Westmont so that the college can fulfill its obligation in reporting non-employee compensation. Copy the link address (https://westmont.egnyte.com/dl/rNG6ZYxcf4) and send that; OR email them a link to this page; OR download, print and send them this form.

If the college is providing services to other entities you may be asked to complete a W-9 FROM Westmont. You can download and print this document, then fill out the "Requester's name and address" area (in middle right) and send by scan/email or else print/mail.

Determination Checklist

Westmont employees should contact the Business Office for help as needed in evaluating whether a non-employee individual doing work for the college should be classified and paid either via payroll or else as a 1099 contractor.

This Excel-based checklist (access below) was prepared by the Office of Risk Management at Westmont College in Santa Barbara CA. It is offered as a convenience to entities seeking to determine contractor status in the state of California, with the request that the source be credited in any duplication, derivation or other use of the spreadsheet.

The spreadsheet recites (in its light purple cells, without material revision) the verbatim content of the Employment Determination Guide (DE-38), an official government publication of the California Employment Development Department (EDD). It also enables entries in other-shaded cells to make readilyvisible the set of interpretations offered by the EDD, and to optionally record the user's perspectives leading to their self-assessment in answering the 13 questions posed.. It does not constitute legal advice. Westmont College disclaims all liability for its use or misuse. 

Technical Note

When you click this link* you will be downloading a Microsoft Excel Template (an xltm file). It contains the following "macro", which merely enables use of Excel's outlining function (ie, clicking a plus sign to show or hide certain content) in an otherwise-protected workbook. The macro must be enabled for proper functionality, and is shown here so you can know it is benign:

Private Sub Workbook_Open()
With Sheets("sheetname")
.Unprotect Password:="secret"
.Protect Password:="secret", UserInterfaceOnly:=True
.EnableOutlining = True
End With
End Sub

Upon use of the template you will be prompted to Save to a macro-enabled Excel spreadsheet (an xlsm file).

Best wishes as you seek to do right by the complex laws and regulations governing this area of employment practice.

Feedback

Feedback about the checklist is welcome and may be routed to this email.

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* The link takes you to the box.com site for ReadyTracker, a non-profit venture of Westmont College to offer to higher education its planning tool for use byemergency management practitioners.