Employment Law Blogs
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Need a Nanny? Rules to Consider: Finding the best child care for your family can be a challenge given the array of options. If you decide to hire a nanny to come to your home to care for your children – whether they live with you full-time or not – there are tax and labor laws and regulations you need to consider. Nannies are Employees First, it is important to understand that nannies who care for your children in your home are not independent contractors; they are employees. Even if your nanny wants to be an independent contractor, you cannot
Reprint from Verdict Magazine - written by Cynthia Flynn. Volume II 2018. The California Supreme Court’s landmark decision in Dynamex Operations West v. Superior Court, 4 Cal. 5th 903 (2018) threw out the 30-year old criteria established in S.G. Borello & Sons, Inc. v. Dept. of Industrial Relations, 48 Cal. 3d 341 (1989) used to determine if a worker is properly classified as an independent contractor, or if they must be an employee. The Dynamex “ABC” test simultaneously simplified the test and made it more restrictive for employers. Factor “A” requires that, to be a true independent contractor, the worker
Choosing the Right Business Entity Building a business is exciting. However, it's also stressful when trying to decide on the appropriate legal entity for your business. In California you have many different types of business entities to choose from. It is important to properly evaluate each type of business entity, since selecting the correct business entity from the beginning will save you both time and money in the long run. Here's a brief description of business entities you can choose from in California, with some pros and cons of each. Sole Proprietorship A sole proprietor is ran by one person
Who Controls Your Company’s Social Media? (And What to Do When They Leave) Imagine this: Your marketing officer (or PR rep, or social media guru), handling your company’s presence and posts on social media becomes upset. He or she quits on the spot. This former employee has access to your Instagram, Facebook, and Twitter accounts. The next day, you find out that they’ve still been busy … using your own social media accounts to insult your company and your brand, and to air their personal grievance. What do you do? What are your rights? And – perhaps most importantly –
Reprint from Orange County Lawyer Magazine - written by Cynthia Flynn. October 2018. Any employer with hourly, non-exempt employees in California, probably knows to pay overtime if they work more than 8 hours a day or 40 hours a week. They are also doubtlessly aware that the Labor Code requires certain information to be disclosed on employees’ pay stubs, such as the employer’s correct name and address (no P.O. Boxes), each applicable rate of pay (regular and overtime) and hours worked. Cal. Labor Code §§ 226(a), 510(a). Failing to comply with these laws can mean lawsuits, including class actions and
The Irresistible Force and the Immovable Object: What Happens If Uber Meets Dynamex? When the California Supreme Court decided Dynamex Operations West v. Superior Court, 4 Cal. 5th 903 (2018) in April 2018, dramatically limiting the definition of “independent contractors,” lawyers and journalists rushed to speculate. What impact would this be on the ride-sharing industry and companies such as Uber and Lyft? Currently, Uber and Lyft drivers are treated and taxed as independent contractors, not as employees. App-based companies in general have resisted changing that aspect of their business models. Yet new legal precedent regarding the enforceability of arbitration agreements