You can not be a W-2 employee and a contract worker, doing the same work, for the same employer. If you are considered as a contractor for federal purposes you are also considered a contractor by California. The following statement is from the California Employment Development Department (EDD)
"...You are required to report independent contractor information if you hire an independent contractor and the following statements all apply:
- You are required to file a Nonemployee Compensation Form (1099-NEC) or a Miscellaneous Information Form (1099-MISC) for the services performed by the independent contractor.
- You pay the independent contractor $600 or more or enter into a contract for $600 or more.
- The independent contractor is an individual or sole proprietorship."
Ref: EDD Independent Contractor Reporting
You may want to contact the "employer" and ask for clarification: Are you an employee or contractor? You need this determination to properly file your tax return.
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