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            © Daniel B. Wolfberg
Malibu California Attorney At Law
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Santa Monica, CA 90403-5664
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 The "Duties" document also provides that construction problems revealed by an inspection were to be reported to the LAUSD. When Varisco signed the January 30 letter agreement and its attachment, he understood that he was entering into an independent contractor relationship with Gateway and not an employment relationship. He so testified at his deposition. He also testified that "I did not work for Gateway. Gateway acted as my agent to hook me up with L.A. Unified School District . . ." and "I did not and would not, I would never work for Gateway." Varisco received a 1099 for all his compensation from Gateway. Gateway did not provide any uniform, apparel, equipment, material, or tools to him. Varisco wore his own hardhat and work boots, mandatory apparel on the job site. He testified that "as an independent contractor" he provided his own equipment. He used his own car for transportation to and from the job site, and was not reimbursed for mileage or gas. Gateway did not provide any training to Varisco. His work hours were established by the architect of record, not Gateway. He went to Gateway offices twice a month to pick up his paycheck, and never at any other time. If he had ever needed to call in sick, the call would have been to LAUSD, not to Gateway. Gateway did not have personnel at the LAUSD job sites. When issues or questions arose at the job site, he addressed them to the LAUSD architect, not Gateway. When asked "did Gateway give you any direction on how to perform your duties?" Varisco answered "no."