The New ABCs of Employer Liability: Recent Changes to Employee-Independent Contractor Tests May Leave Some Businesses More Open to Liability

Image of two green signs on a pole. One sign points to the right and says "independent contractor," and the other sign points to the left and says "employee"

Photo Credit: https://cdn.cpapracticeadvisor.com/files/base/CSN/image/2016/04/16×9/640×360/Independent_contractors_1_.570f062a5d352.jpg.

By: Brettlyn Miller
Junior Associate Editor, American Journal of Trial Advocacy

The line between the classification of an employee and an independent contractor can be thin but important, especially in terms of vicarious liability for an employer.  While there exists a gray area between the two, one state recently tightened its differentiation.  California’s Assembly Bill 5 (“AB 5”) passed legislation late last year and became effective on January 1, 2020, as amendments to California Labor Code and Unemployment Insurance Code.[1] Continue reading “The New ABCs of Employer Liability: Recent Changes to Employee-Independent Contractor Tests May Leave Some Businesses More Open to Liability”

The Times They Are a Changin’ In College Athletics

Photo in front of a stadium of a large sculpture of the NCAA logo, consisting of "NCAA" in all capital letters and in blue

Photo Credit: The Sports World Begins To React To California’s Fair Pay To Play Act, Forbes (Sept. 30, 2019), https://www.forbes.com/sites/kristidosh/2019/09/30/the-sports-world-begins-to-react-to-californias-fair-pay-to-play-act/#787524d91e0e.

By: Cobb Bostick
Executive Editor, American Journal of Trial Advocacy

The landscape of college athletics could be on the verge of a major shift in policy.  The debate over whether or not college athletes should be paid has been a popular topic of conversation through the years.   Continue reading “The Times They Are a Changin’ In College Athletics”

Heating Up: The Rise of Climate Change Litigation

photo of air pollution. several stacks of smoke can be seen. the photo is orange with the pollution.

Photo Credit: https://www.pexels.com/photo/air-air-pollution-climate-change-dawn-221012/

By: Bobby McNeill
Member, American Journal of Trial Advocacy

On October 9, 2019, the Alaska Supreme Court heard oral arguments for Sinnok v. Alaska,which involves a civil suit brought by a group of teens alleging, among other things, that the state of Alaska has failed to protect its citizens from the effects of climate change.[1] Continue reading “Heating Up: The Rise of Climate Change Litigation”