A Modern Look at Contractors v. Employees Details
Free. (Normally $29.99)
Whether you're a business owner concerned with making the right distinctions when engaging people to work with/for you, or a lawyer responsible for advising clients on the contractor v. employee distinction, this presentation could save you a lot of grief and money down the line.
Marin County-based employment lawyer Diana Maier and Carlos E. Torres, a Hearing Officer for the California Division of Labor Standards Enforcement (DLSE), discuss which factors matter most in deciding how to classify workers in light of recent legal decisions that are shifting those factors. In addition to covering a broad overview of the contractor v. employee debate, they also discuss ethical considerations for lawyers considering the question of contractor classification, and assess whether the sharing economy is due for extinction in light of recent rulings against companies such as Uber.
Frequent Terms and Their Meanings
- Principal versus Employer
- Worker/Contractor/Consultant versus Employee
- What are some ethical considerations to keep in mind as we review the material?
- Why are we here?
- Factors in classification
- Advantages and disadvantages of each classification
- How does the government know/find out?
- What are the penalties if you get it wrong?
- What do you do to protect yourself?
- What is the sharing economy?
- Worker classification ? independent contractor
- Classification lawsuits
- Lyft, uber, washio, homejoy, shyp, postmates, instacart, handy
Ethical Issues Revisited
- Ethical considerations
- Model rules of professional conduct
- Rule 2.1 ? advisor
- Given that this is a subjective standard, what ethical considerations exist for attorneys who need to advise others about this? Complicated by the fact that 1099 is less expensive.
- Do you pick the argument most conducive to the business and just go with that?
- How do the political/social factors come into play?
- Are there law and policy objectives lawyers have a duty to protect?
- If there are, has current law accomplished those, or have we gone too far?
Cases: Practicing the Material
- Case #1: Client Engaging New Service Providers
- Case #2: Corporate Employer
- Case #3: Domestic Employer
- Standard is subjective ? makes it a tricky ethical issue for lawyers
- Government prefers employee status
- Back up a decision to make someone a contractor by making a file, contract, etc. and know there?s a risk
- Government most often finds out via an obstructed claim, but there are many ways
- Recent indications show government is only going to get more strict in enforcement
Course Credit per State
- On-Demand: 1.0 CreditsAZ
- General: 1.0 CreditsCA
- General: 1.0 CreditsCO
- General: 1.2 CreditsCT
- General: 1.0 CreditsFL
- General: 1.0 CreditsGA
- Self Study: 1.0 CreditsIL
- General: 1.0 CreditsMO
- Self Study: 1.2 CreditsMS
- General: 1.0 CreditsNC
- General: 1.0 CreditsNH
- General: 1.0 CreditsNY
- General: 1.0 CreditsPA
- Distance Learning: 1.0 CreditsTN
- General: 1.0 CreditsUT
- Self Study: 1.0 CreditsWA
- General: 1.0 CreditsWI
- On-Demand: 1.0 CreditsWV
- General: 1.2 Credits
Diana Maier is an employment and privacy law expert who founded The Law Offices of Diana Maier, PC, a San Francisco Bay Area company that provides exceptional customer service in privacy and employment law. Diana and her team advise companies on the legality of their workplace privacy and employment practices, litigate cases when needed, and conduct workplace investigations. Diana is certified in both European Union and US privacy laws and is a fluent Spanish-speaker.
Diana attended Stanford Law School and graduated in 1998. She received a Bachelor of Science in Foreign Service, magna cum laude, from Georgetown University in 1992.
Diana began her legal career as a Public Defender for Santa Clara County, where she spent each day in the courtroom defending misdemeanor, felony, and three strike cases. She enjoyed great success in winning trials for her clients and felt that she had found her ?calling? in life. But in 2003, Diana decided to transition to a career that was more sustainable for family life, and she began practicing employment law. She joined forces with the plaintiffs? employment law firm Bushnell, Caplan & Fielding, LLP, which later became Bushnell, Caplan, Fielding & Maier, LLP. Diana left the firm in 2008 in order to launch the Law Offices of Diana Maier and focus more on the defense side of employment work, particularly litigation preventative work.
In early 2013, Diana began working as outsourced In-House Counsel for Labor and Employment and Privacy Law for Quantum Corporation in Silicon Valley. To handle this role more skillfully, Diana earned two privacy credentials, CIPP/US and CIPP/E, through the International Association of Privacy Professionals (IAPP). Diana?s CIPP/US and CIPP/E certifications represent her dedication to thoroughly understanding global privacy laws for the benefit her clients. By knowing and applying privacy and data protection laws and regulations in the United States and Europe, Diana is able to ensure privacy compliance on a global scale.
Diana is a frequent speaker and writer on an enormous range of topics in employment and privacy law. She presents a quarterly public webinar (which can be found on her website under ?Lunchtime Legal Chats?) and also frequently speaks to the Marin County & San Francisco Bar Associations, as well as numerous non-attorney organizations. She has been published in The Recorder, the ABA Journal, and countless online publications, and she is often cited as an expert in news stories pertinent to employment and privacy law. You can find handouts from her presentations and articles featuring her at www.dianamaierlaw.com/resources. Diana is the former Chair of the Marin County Bar Association Labor and Employment section, and she serves as an advisor in the areas of employment law and privacy to Casetext, a legal start-up organization in Silicon Valley.
Diana's legal hobbies are blogging on employment and privacy law issues and exploring the practice of compassionate law, the idea that lawyers can be problem solvers and healers of conflict rather than just combatants for hire. Diana especially enjoys serving on the Board and heading up the Fundraising Committee of OneJustice, a California based legal non-profit that provides legal services to marginalized populations who otherwise wouldn?t have access to an attorney.
You can read Diana?s blog at www.dianamaierlaw.com/employment-and-privacy-law-blog-by-diana-maier/ and also read about her talented staff at www.dianamaierlaw.com/about/staff-bios/. Her email is firstname.lastname@example.org, and her phone number is 415-515-1707. In addition, you can find her on LinkedIn and on Twitter under @DianaMaierLaw, to name just a few social media sites where Diana likes to ?hang out? and talk law.