Independent Contractors

From the employer’s perspective, the only way to truly “win” an employment case is to avoid it in the first place. We litigators love the thrill of gettting a judge, arbitrator, or jury to decide in our client’s favor. But it can be awfully expensive to get to that point. So without further ado,

Many employers in California feel like the deck is stacked against them. But as I’ve written before, some have a stronger basis for that conclusion than others. Consider the plight of poor Happy Nails, a chain of nail salons. In 2001, they hired a consultant to help them structure their business so that the

By now, employers seem to understand their obligation to keep their employees from committing sexual harassment. A California appellate court decision handed down this week emphasizes that it isn’t enough to just worry about your employees.

In Patterson v. Domino’s Pizza, LLC (pdf), an employee working for a Domino’s franchisee alleged that her supervisor sexually harassed and

We’ve written quite a bit about the new penalties for mischaracterizing employees as independent contractors. But we haven’t talked as much about how to draw the distinction. Partly that’s because different government agencies use different approaches. And some of it’s due to the fact that these can be very fact-specific determinations and it’s hard

One of the hot topics these days is proper classification of workers as employees or independent contractors.  Getting it wrong can result in audits, penalties, individual lawsuits and potentially class action litigation.  In the face of such daunting exposure and possible liability, it is more important than ever to reassess your particular situation and  get

Thanks to Kent Bradbury for the following post:

Among several employment-related bills signed into law by Governor Brown recently was SB 459, a bill that significantly raised the stakes in the continuing game of cat and mouse we know as the proper classification of independent contractors.  It includes the following provisions: 

  • A prohibition on