Bookkeeping, payroll, and CFO services for small businesses across Los Angeles County.

Call or Text: (626) 353-9790

What are the payroll considerations for hiring tutors as contractors vs employees?

California makes this decision largely for you through the ABC test. Under AB5, your tutors are presumed to be employees unless you can prove all three conditions: they’re free from your control in how they perform work, they do work outside your usual course of business, and they have an independently established business doing the same type of work.

For most tutoring centers, condition B is the problem. If you run a tutoring center and hire tutors to tutor, they’re doing work that’s central to your business. That alone makes employee classification the default under California law.

Even if you could somehow satisfy condition B, conditions A and C create challenges. If you set tutors’ schedules, assign them students, provide curriculum or teaching materials, or require them to work at your location, you’re exercising the kind of control that points toward employment. Unless the tutor operates their own tutoring business, advertises their services independently, has other clients, and would continue tutoring if they stopped working for you, they probably don’t satisfy the third condition either.

When tutors are employees, your payroll obligations include withholding federal and California state income taxes, withholding and matching Social Security and Medicare taxes at 7.65% each, paying California unemployment insurance, paying Employment Training Tax, carrying workers’ compensation insurance, reporting wages on W-2s annually, and filing quarterly payroll tax returns with both the IRS and EDD. For a tutoring center paying $50,000 annually in tutor wages, the employer-side payroll taxes and workers’ comp typically add 10% to 15% on top of the wages paid.

If you legitimately have independent contractors, the math looks different. You don’t withhold taxes, don’t pay the employer share of payroll taxes, and don’t need workers’ comp coverage for them. You issue 1099-NECs at year end for payments over $600. The contractor handles their own tax payments and insurance.

The risk with contractor classification is significant. If the EDD or IRS audits you and determines those contractors should have been employees, you owe back payroll taxes, penalties, and interest going back years. California is aggressive about this, particularly with tutoring and education businesses where misclassification is common.

Some tutoring centers maintain a core staff of employee tutors who work regular shifts at the center using company materials. They might also maintain relationships with a few genuine independent tutors who have their own clients, set their own rates, work in students’ homes or online, and use their own teaching methods. The second group might legitimately be contractors. The first group cannot be.

Getting classification wrong creates problems that compound over time. Every paycheck to a misclassified worker is another liability building up. Los Angeles QuickBooks bookkeepers who understand both California employment law and the education industry can help you structure payroll correctly from the start, so you’re not dealing with back taxes and penalties down the road.

LA's Small Business Bookkeeper

The Next Step:
A Short Conversation

Tell us about your business and what you're dealing with. We'll listen, ask a few questions, and give you a clear price for the work.

More Questions

What should I look for in a bookkeeper for my law firm?

Look for trust accounting expertise first. A bookkeeper who doesn't understand IOLTA requirements and three-way reconciliations can create State Bar compliance problems that general bookkeepers rarely know how to avoid.

Read answer

What bookkeeping mistakes can hurt my business valuation?

Mixing personal and business expenses, unreconciled accounts, inconsistent owner compensation, and poor documentation all reduce what buyers are willing to pay. Clean books build trust during due diligence.

Read answer

How do solo attorneys handle bookkeeping and trust accounting?

Solo attorneys typically handle operating bookkeeping like any small business while treating trust accounting as a separate, compliance-driven process. Many start doing both themselves but eventually outsource trust accounting as caseload grows and reconciliation becomes time-consuming.

Read answer

How do I analyze the financials of a business I want to buy?

Request three years of tax returns, profit and loss statements, and bank statements. Compare them against each other to verify accuracy, then dig into adjusted earnings claims and look for trends that reveal the true health of the business.

Read answer

How do I assess the true profitability of a business for sale?

Start by normalizing the financials. Sellers present adjusted numbers that add back owner salary, personal expenses, and one-time costs. Your job is to verify those adjustments and determine what profits will look like under your ownership.

Read answer

How do I track marketing expenses for my real estate business?

Separate listing-specific marketing costs from general brand marketing and track them in different categories. Set up subcategories in QuickBooks for photography, staging, advertising, and similar expenses. For property-level analysis, use classes or projects to see costs per listing.

Read answer

Villa Group is a San Marino accounting firm serving small businesses across Los Angeles County. We handle bookkeeping, payroll, CFO services, and business sale preparation. Led by Christian Villalba, MBA, with over a decade of experience and 400+ clients served.

Client Reviews

5-Star Rated Firm

Social

© 2026 Villa Group LLC