California employee, anti-gig, anti-contractor economy legislation – effect on independent truckers and others – need legal advice?

I saw a news article yesterday about the effect that the California legislation classifying more workers as employees might have on independent truckers. It brings to mind whether the Legislature considered the entire impact of the legislation on the different types of work and businesses, and the different worker areas.

The legislation has the potential to impact a lot of different worker stakeholders. Mind you, I have no personal knowledge about the effect of the legislation on independent truckers, but the regular news story represented that the legislation will or might impact all independent truckers who haul loads in California and the businesses that hire them.

The story reported that currently independent truckers often are paid at much higher rates or twice the rate of employee truckers, although the independent truckers also have to bear the cost of operating their rigs and businesses, and might not be paid benefits by the businesses that hire them. The bottom line is that very soon independent truckers might not be able to operate as independent contractors in California. Certainly, as with all new legislation or new case law, this becomes an area of law upon which those people and businesses that are impacted, in this circumstance independent truckers and the businesses that hire them, might well need legal advice and representation.

And I am sure that the legislation will also impact a whole host of other workers and the businesses that hire them.

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Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Thank you for reading this website. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly.

Best to you, David Tate, Esq. (and inactive California CPA) – practicing in California only.

I am also the Chair of the Business Law Section of the Bar Association of San Francisco.

Blogs: Trust, estate/probate, power of attorney, conservatorship, elder and dependent adult abuse, nursing home and care, disability, discrimination, personal injury, responsibilities and rights, and other related litigation, and contentious administrations http://californiaestatetrust.com; Business, D&O, board, director, audit committee, shareholder, founder, owner, and investor litigation, governance, responsibilities and rights, compliance, investigations, and risk management  http://auditcommitteeupdate.com

The following are copies of the tables of contents of three of the more formal materials that I have written over the years about accounting/auditing, audit committees, and related legal topics – Accounting and Its Legal Implications was my first formal effort, which resulted in a published book that had more of an accounting and auditing focus; Chapter 5A, Audit Committee Functions and Responsibilities, for the California Continuing Education of the Bar has a more legal focus; and the most recent Tate’s Excellent Audit Committee Guide (February 2017) also has a more legal focus:

Accounting and Its Legal Implications

Chapter 5A, Audit Committee Functions and Responsibilities, CEB Advising and Defending Corporate Directors and Officers

Tate’s Excellent Audit Committee Guide

The following are other summary materials that you might find useful:

OVERVIEW OF A RISK MANAGEMENT PROCESS THAT YOU CAN USE 03162018

Audit Committee 5 Lines of Success, Diligence, and Defense - David Tate, Esq, 05052018

COSO Enterprise Risk Management Framework ERM Components and Principles

From a prior blog post which you can find at https://wp.me/p75iWX-dk if the below scan is too difficult to read:

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Can’t get fire insurance for homes in the California foothills? Owner and lender risk management and more . . .

I heard this today. I don’t know if it is true or not, but it sounds possible. People who own houses in the California foothills and related possible fire zones might be having trouble and might not be able to get fire insurance for their homes, or the premiums could be prohibitively expensive.

Considering the fires in both northern and southern California during the last 2-3 years, there could be a lot of fire zone areas.

If this is true, it raises a whole host of issues in addition to the owners simply wanting to insure one of their most valued assets. Other issues include, and this is not an exhaustive list, what if there is a mortgage on the house and the loan agreement requires the owner/borrower to have fire insurance – what are the lenders going to do in this circumstance; what areas will insurance companies classify as unusual fire zone or hazard areas that are subject to different fire insurance coverage or offerings; are any insurance companies at risk of insolvency or bankruptcy due to exposure for having to pay for damages arising from the fires; and what will the California government do and say about these issues (hint – I’m not hearing anything)? And I am sure that you can come up with a more comprehensive list.

Insurance typically is considered a risk management issue, but it is a personal issue for homeowners, and it would not surprise me if fire insurance coverage, and building in general, become political in this instance.

Back to work – a full day ahead working on pleadings, declarations, court filings, and meetings.

Best to you, David Tate, Esq. (California). My two primary blogs: trust, estate, elder and dependent adult abuse litigation, etc. – http://californiaestatetrust.com, and D&O, audit committees, governance, etc. – http://auditcommitteeupdate.com

OVERVIEW OF A RISK MANAGEMENT PROCESS THAT YOU CAN USE 03162018