DRE & Licensing

A California broker who employs salespersons is required to have a written independent contractor agreement with each salesperson that includes:

AA guaranteed minimum salary
BA provision that the salesperson's income is based on production rather than hours worked✓ Correct
CHealth insurance benefits
DA non-compete clause preventing the salesperson from switching brokers

Explanation

Under IRS and California requirements for independent contractor status, the written agreement must specify that the salesperson's remuneration is based on sales production rather than hours worked. This is a fundamental requirement for the independent contractor classification. The agreement must also state the salesperson will not be treated as an employee for federal tax purposes.

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