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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Employment Law – Legal Representation – Introducing Lisa Chapman – Effective and Experienced – My Colleague at Royse Law

Semi-regularly I am asked if I can recommend an employment lawyer. And I can. For those of you who are or who might in the future be interested, below I have pasted the information about my colleague Lisa Chapman from the Royse Law Firm website. As you can see, Lisa is an extremely experienced employment lawyer in both non-litigation employment counseling and employment litigation. If you have an employment related legal need, you can contact Lisa directly, or if you want to go through me you can contact me at dtate@rroyselaw.com . And below the information about Lisa, I have also listed some of the major practice areas at the Royse firm.
Best to you. David Tate, Esq.
Lisa Chapman

Lisa Chapman

Attorney
Office (650) 813-9700 ext 221
Fax (650) 813-9777
lchapman@rroyselaw.com
LinkedIn | Videos | Articles

Lisa is an experienced employment attorney and litigator. In her employment law practice she helps startup and mid-size companies navigate and comply with Federal and state employment laws and regulations. This includes laws related to wage and hour requirements, sexual harassment and retaliation, worker classification (independent contractor vs. employee status) and overtime laws, among others. She acts as a sounding board and advise clients as they face critical decisions about their employment practices, such as mass (or “one-off”) termination of employees, compliance with disability laws and regulations, expansion of the workforce, classifying employees as “exempt” from overtime, transitioning “exempt” employees to non-exempt status, creating and enforcing social media policies, classifying workers as employees or independent contractors, and other employment and labor issues. She also provides training in sensitive and problematic areas such as sexual harassment, discrimination, and other equally important employment law related issues critical for ensuring that companies remain compliant with employment (and other) laws, and avoid government investigations and litigation.

In addition, Lisa provides counsel to senior executives in job transitions, helping them navigate issues relating to stock options, severance packages and providing advice about their obligations under intellectual property and trade secret laws whether they return to the workforce or form a new company of their own. Royse Law Firm has both ERISA and tax counsel who assist her in this type of retention.

In addition to her counseling services, Lisa litigates cases before Federal and state courts in California and other states and represent clients in matters before the California Labor Commissioner, the U.S. Equal Employment Opportunity Commission, the U.S. Department of Labor, the California Department of Labor, taxing agencies and other agencies and commissions. Her litigation practice involves both employment and non-employment related matters. Lisa has litigated employment related cases for companies and individuals involving, among other issues, ADA compliance, sexual harassment, improper employee classification, wage and hour claims (including class action claims).

Lisa’s general (non-employment) civil litigation experience has involved a wide range of issues focused primarily on commercial disputes. This has included, among others, partnership disputes, collection matters, real estate claims, breach of contract and fraud claims.

Finally, Lisa provides legal counseling relating to compliance with trade secret laws, with an emphasis on helping her clients resolve their differences prior to resorting to litigation.

Education:
• J.D., University of San Francisco
• B.A., Political Science, University of California – Santa Barbara

Admitted To Practice:
• California
• United States District Court for the Northern, Central and Southern
Districts of California

Affiliations:
• Palo Alto Area Bar Association
• Santa Clara County Bar Association

For more information on Lisa Chapman, please email to: lchapman@rroyselaw.com

 

David Tate, Esq. (and CPA, California inactive). Royse Law Firm, Menlo Park Office, California (with offices in both northern and southern California).

Royse Law Firm – Practice Area Overview – San Francisco Bay Area and Los Angeles Basin

  • Corporate and Securities, Financing and Formation
  • Corporate Governance, D&O, Boards and Committees, Audit Committees, Etc.
  • Intellectual Property – Patents, Trademarks, Copyrights, Trade Secrets
  • International
  • Immigration
  • Mergers & Acquisitions
  • Labor and Employment
  • Litigation (I broke out the litigation because this is my primary area of practice)
  •             Business
  •             Intellectual Property – Patents, Trademarks, Copyrights, Trade Secrets
  •             Trade Secrets, NDA, Financial & Accounting Issues, Fraud, Lost Income, Royalties, Etc.
  •             Privacy, Internet, Hacking, Speech, Etc.
  •             Labor and Employment
  •             Mergers & Acquisitions
  •             Real Estate
  •             Owner, Founder, Investor, Board & Committee, Shareholder, D&O, Lender/Debtor, Etc.
  •             Insurance Coverage and Bad Faith
  •             Investigations
  •             Trust, Estate, Conservatorship, Elder Abuse, Etc., and Contentious Administrations
  • Real Estate
  • Tax (US and International) and Tax Litigation
  • Technology Companies and Transactions Including AgTech, HealthTech, etc.
  • Wealth and Estate Planning, Trust and Estate Administration, and Disputes and Litigation