contract-law california employment contractor
Can you be required to have a written contract by California?
<p>I was reading the list of the 12 conditions necessary to qualify under as a Business Service Provider (BSP) in California over at <a href="https://insight.ieeeusa.org/articles/california-bill-ab-5-threatens-consultants/" rel="nofollow noreferrer">https://insight.ieeeusa.org/articles/california-bill-ab-5-threatens-consultants/</a>, and one of the conditions caught my eye as being a rather capricious one:</p>

<blockquote>
  <ol start="3">
  <li>The BSP must have a written contract to work for the contracting company;</li>
  </ol>
</blockquote>

<p>What exactly does this mean?</p>

<p>I'm a big fan of being legally allowed to have "verbal" contracts for most things (legally enforceable provided sufficient evidence exists on the details of the contract, e.g., through "verbal" communication over email), but this condition makes it appear like I must actually hire a lawyer to draft some officially-looking contract, with signature fields and all.  (I guess the question here may also be on whether or not communication over email falls under "verbal" or "written" "contract" in this context?)</p>

<p>This condition sounds very fishy to me, as you're legally allowed to do most business transactions without a "written contract" otherwise.  Would this condition be enforceable?  Would it be void due to being too ambiguous on what "written contract" means?  What rights I may have through other laws that this condition might violate?  (Right of free association?  Some other rights?)</p>

<h2>Yes</h2>

<p>Verbal contracts are fine except when the law requires a written one - as it does here. Real estate contracts are also required to be in writing dating back to the <a href="https://en.m.wikipedia.org/wiki/Statute_of_frauds" rel="nofollow noreferrer">Statute of Frauds</a> in 1677.</p>

<p>“Written contract” doesn’t mean written by a lawyer - just that the fact and essential terms of the contract are written down somewhere. An email or text will qualify. “Work for me -$20/h” “Ok” is a written contract.</p>
