Topic
worker classification
979 published works
Labor & Employment Law Blog
Caution: Take A Second Look At Your Independent Contractors
In a suit filed by Air Couriers International ("Sonic") against the Employment Development Department ("EDD"), to recover employment taxes paid for drivers who operated as independent contractors, the California Court…
The Retirement Plan Blog
What to do when an independent contractor is really an employee
By Jerry Kalish
Recently I wrote about being careful to properly classify your workers: independent contractor or employee. But what if you make a mistake, and that independent contractor is really an employee.…
California Employment Law Update
Absent Class Members Were Barred From Bringing New Action For Unpaid Overtime
By Tony Oncidi
Alvarez v. May Dep’t Stores Co., 143 Cal. App. 4th 1223 (2006) Plaintiffs in this case are 56 current and former Area Sales Managers employed by May Department Stores who…
Rush on Business
How to Avoid Incorrectly Treating a Worker as an Independent Contractor
By Rush Nigut
How to Avoid Incorrectly Treating a Worker as an Independent Contractor. The penalties for incorrectly treating a worker as an independent contractor are significant. Consider these factors before deciding whether…
Cam Law
Accounting Tips for Yoga Teachers
This article, "Accounting Tips for Yoga Teachers: Tax Benefits Associated with Being an Independent Contractor," appeared in Yoga Journal's online newsletter. As an independent yoga teacher, can you take tax…
California Employment Law Update
Class-Action Plaintiffs Could Not Appeal Dismissal Of Non-Participating Members’ Claims
By Tony Oncidi
Estrada v. RPS, Inc., 125 Cal. App. 4th 976 (2005) Anthony Estrada, a former driver for RPS, alleged unfair business practices under Business & Professions Code § 17200, contending that…
California Employment Law Update
Supreme Court Reinstates Class Action For Unpaid Overtime
By Tony Oncidi
Sav-on Drug Stores, Inc. v. Superior Court, 34 Cal. 4th 319 (2004) Plaintiffs in this case sought to certify a class of between 600 and 1,400 current and former operating…
California Employment Law Update
Newspaper Columnist May Have Been Terminated In Violation Of Public Policy
By Tony Oncidi
Ali v. L.A. Focus Publication, 112 Cal. App. 4th 1477 (2003) Najee Ali, who worked as the community affairs columnist for L.A. Focus Publication, was terminated after he expressed support…
Labor & Employment Law Blog
Is Your Independent Contractor Really an Employee?
by Greg S. Labate Employers often unintentionally misclassify workers as independent contractors when they should really be employees. This common error can lead to serious consequences, including audits, lawsuits, and…