Muddy Waters is how you want your blues, not how you want your laws. A federal district judge in New York last week kicked up a lot of mud in an area of the law that had finally seen some clarity – the definition of “joint employment.” Now we’re back in the muck. Click here to read all about it, and let me know if you; like to subscribe to the BakerHostetler Employment…

When Zeus sends his thunderbolts into Cleveland, Zippy gets scared. The snow, wind, and rain don’t bother her, but the thunder and lightning cause her to shake. Usually she hides in the shower. Seeking shelter from the storm (apologies to Robert Zimmerman) is what California businesses are doing too. Assembly Bill 5 (AB 5), codifying the ABC Test for determining who is an employee, has been in effect since January 1, 2020. On Friday,…

In 1877, the Police News reported the story of a dancer’s amputated leg sold at auction. But the story might not be as it seems, says Dr. Bob Nicholson, who studies news clippings from the Victorian era and is a fun follow on twitter. Cutting off legs might not be a good way to raise money, but cutting independent contractors off from certain privileges may save your busienss money. Whenever possible, cut off contractors…

Thank you to Canadian singer Corey Hart for providing the theme to this week’s post. The Number 3 song this week in 1985 opens with, “Just a little more time is all we’re asking for.” The song, of course, is Never Surrender. Last week we wrote about the preliminary injunction granted by a California Superior Court, preventing ride share app companies statewide from continuing to classify drivers as independent contractors. We called that ruling “Act…

“To be or not to be” are the opening words of a soliloquy by Prince Hamlet. With that, I have exhausted what I remember about Shakespearean plays without consulting Wikipedia. Having consulted Wikipedia, I can confirm that this soliloquy occurs in Hamlet, Act III, Scene 1. A lot happens in Act III and beyond, and if you stopped reading Hamlet after Act I, you’d miss most of the action, including assorted plotting, scheming and mayhem. Last week in…

Zoanthropy is a mental disorder in which a person believes he or she is an animal. In this recent case, a 54-year old Belgian woman mistook herself for a chicken. The rare condition — and the woman’s clucking — stopped suddenly when she had a seizure, which apparently is a decidedly un-chickenlike thing to have. Identity crises continue to plague the courts too. As we reported here, arbitration agreements can become unenforceable when…

– Me, to my mostly adult kids, on Friday (and the day before that, and the day before that, and the day before that…) The text above should be no surprise to any of you who have elected to reproduce. Our offspring live in the stone ages. They do not understand the concept of an electric dishwasher. They are pre-Edison old school. If everything goes in the sink, they know that I will be the…