Category Archives: Uncategorized

How Not to Make Sure Someone Is an Independent Contractor

Earlier, I noted both the serious consequences for treating employees as an independent contractor and gave a rule of thumb for telling the difference. Here is what you should absolutely not do if you are trying to make sure that … Continue reading

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Independent contractors are (1) independent and (2) contractors

My last post gave a rule of thumb to tell employees from independent contractors. I said that if you have to ask, they’re employees. Here’s a little more detail. The technical definitions of independent contractor and employee are not just … Continue reading

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Employee or Independent Contractor? A Rule of Thumb

Another lawsuit has hit the sharing economy. Less than two months ago, Sprig, which delivers organic meals on demand in San Francisco, announced that all its drivers would be employees. This week it got sued for, up until then, wrongly … Continue reading

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When someone butt-calls, should you listen?

It’s happened to everyone. We answer the phone only to find no one who wants to talk to us on the other end. Instead, we got called accidentally and are now privy to a conversation to which we were not … Continue reading

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“My boss drives me a crazy” is not a disability

  A supervisor rides his subordinates hard, criticizing them and picking on them. He gives his team members severe stress, including headaches and upset stomachs. Is this stress a disability that the employer must accommodate? California lawyers have pondered this … Continue reading

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$180,000 warning against employee-poaching suits.

Silicon Valley is competitive, and employees feel the brunt, Any company hiring a competitor’s employees will more often than not find itself on the wrong end of a lawsuit, facing allegations by hiring the employees it was really trying to … Continue reading

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A reason for lawyers to love mediation . . .

. . . and for clients to be wary. A California court has held that an attorney cannot be liable to a client whom he gave bad advice during a mediation. John Amis, along with the corporation of which he … Continue reading

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Getting paid for sleeping at work

  California workers who spend the night as part of their job won a big victory last week. According to our state supreme court, an employer that makes its employees spend the night on the job must pay them for … Continue reading

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Do this site’s terms and conditions mean anything?

When you buy something online, do you read the site’s terms and conditions? Of course not, but why not? The answer to the second question makes a difference whether the site owner can hold you to them as a contract. … Continue reading

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BYO? No, no.

According to a California court yesterday, employers may not require employees to use their own cell phones for work. Or at least not without paying them. That paying-them part may prove hard. The California Labor Code requires an employer to … Continue reading

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