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13 search results for: "independent contractor"


Dynamex and the Independent Contractor Landscape

A friend and colleague, Alan Foster, asked me to write an article for his newsletter regarding independent contractors under Dynamex. I’ve seen articles, presentations and blog posts about the dramatic shift in the law regarding independent contractor versus employee tests. I have a slightly different take. The following is my take on the independent contractor landscape. […]


EDD and Labor Commission Provide Guidance: Employee Versus Independent Contractor

The EDD and the DLSE (Labor Commissioner) are hosting on a free seminar throughout California regarding how to classify a worker as an employee versus independent contractor.  In the San Francisco Bay Area, the next one is in Dublin on February 11th.  For other dates and times, you can check the EDD’s website. Employee Versus Independent Contractor There are […]


Truck Drivers are Employees Not Independent Contractors

In Garcia v. Seacon Logix, Plaintiff truck drivers sued Seacon Logix, Inc. under Labor Code section 2802 for reimbursement of paycheck deductions, contending that they should have been classified as employees, not independent contractors.  The trial court agreed and awarded damages for specified paycheck deductions.  Seacon appealed contending the truck drivers are employees not independent contractors. […]


Employing Private Household Caregivers

Practical Considerations for Employing Private Household Caregivers Last June, Bender’s California Labor & Employment Law Bulletin published an article I co-wrote with a colleague, Carmela Woll, regarding employing private household caregivers. The article contains a lot of useful information for employers and employees to consider when hiring or working as a caregiver, and is similar […]


Labor Law and Payroll Tax Seminar

Labor Law and Payroll Tax Seminar The California Employment Development Department (EDD) and the Division of Labor Standards Enforcement (DLSE or Labor Commissioner) are hosting a free seminar regarding labor law issues, wage and hour requirements and payroll tax issues. The presentation will cover: Record keeping requirements Reporting requirements Employer obligations Payment requirements Common wage […]


Properly Paying Caregivers: SNT Symposium

Properly Paying Caregivers for Special Needs Trust Beneficiaries I am excited to present Properly Paying Caregivers for SNT Beneficiaries at this year’s Special Needs Planning Symposium. Sharon Novak of TEAM Risk Management Strategies, LLC and I will cover: Employees versus Independent Contractors Personal Attendants versus Companions Who is an Employer when Hiring Caregivers Minimum Wage and Overtime Obligations […]


Presentation at EB Low Cost Ed Day

On Saturday, October 29th, I’ll be conducting a presentation at CalCPA’s East Bay Low Cost Ed Day. I’m looking forward to the presentation, where I will discuss Wage & Hour Best Practices – How to Best Advise Your Clients in this Complex Area. Presentation Topics   Employees v. Independent Contractors Differences Consequences of Misclassification  Applicable laws & […]


The Magnificent Seven Wage and Hour Rules

The Magnificent Seven The Magnificent Seven is one of my all-time favorite movies. The story is timeless and has been adapted several times. Yes, I know the Magnificent Seven is an adaptation of Akira Kurosawa’s Seven Samurai. Even Pixar came out with it’s own version in A Bug’s Life. I never tire of the story-line […]