labor.ca

Should I be 1099 if I'm asked to work on site in a gallery as a gallery assistant? Location: California I just interviewed for a gallery assistant position. I thought I would be W2 for sure but they said I would be 1099. They said I can discuss the hours, but the position is on-site because the job requires it. But according to the [ABC test](https://www.labor.ca.gov/employmentstatus/abctest/), I don't necessarily fulfill prong B or C. \- I also don't necessarily "**perform work that is outside the usual course of the hiring entity’s business**". My job scope includes making/formatting some books, which will fulfill that, yes, but they also said I will be helping out with the gallery's operations. \- I am not "**customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity**" because I don't have an LLC and there's just no such thing as an independent contractor gallery assistant the same way there would be for a plumber. What complicates things is that the company hiring me is a a California non-profit public-benefit corporation. I don't know if that changes things. I really need help! I feel so trapped!