by Alexei Kuchinsky, Esq | Sep 21, 2014 | Independent Contractors
This is another post written in a Q & A format and is intended to help California delivery drivers to determine whether they are improperly classified as independent contractors. In one of our prior posts, we discussed how the legal distinction between independent...
by Alexei Kuchinsky, Esq | Jul 15, 2013 | Independent Contractors
In the past, I have written a few posts about the dangers associated with misclassifying workers’ as independent contractors instead of employees. Misclassification usually exposes an employer to various types of liabilities, including claims for unpaid overtime,...
by Alexei Kuchinsky, Esq | Jan 19, 2012 | Employment Law News, Independent Contractors, New Case Law
During the past few decades, there has been a fair amount of litigation taking place in state courts regarding the issue of whether insurance agents are employees or independent contractors for purposes of wage-and-hour claims. A few weeks ago, in Arnold v. Mutual of...
by Alexei Kuchinsky, Esq | Dec 8, 2011 | Independent Contractors, Misclassification
In one of the previous posts, we discussed in detail a Borello test employed by California courts and administrative agencies in determining whether a worker is an independent contractor or an employee for purposes of wage and hour disputes. We also pointed out that...
by Alexei Kuchinsky, Esq | Nov 27, 2011 | Employment Law News, Independent Contractors, New Legislation
In their latest efforts to crackdown on independent contractor misclassifications, California legislature passed and Governor Jerry Brown signed into law a new measure (SB 459) which imposes strict financial penalties on companies and individuals who “willfully”...
by Alexei Kuchinsky, Esq | Oct 20, 2011 | Independent Contractors, Misclassification
In a previous post, we looked at the list of factors that California courts and agencies use to determine whether a particular worker is an independent contractor or employee. To better understand how these factors interplay with each other, it is best to look at the...
