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”

Where’s My Money?: The Impact of New Overtime Rules

Illustration of two hands, one coming from the left holding a gold coin with a dollar sign on it; the other hand coming from the right holding a clock. The hands are dark blue and the background is light blue. The coin is gold, the clock is black and white.

Photo Credit: https://www.insperity.com/blog/comp-time-overtime/

By: Alex Townsley
Editor in Chief, American Journal of Trial Advocacy

           Overtime is an idea that factors crucially into some American workers’ budgets while being completely ignored by almost all workers who do not qualify for it.  But, what is overtime, and, more importantly, who qualifies for it?  The answer to the second question will change again in 2020 when the new Department of Labor rules go into effect.[1]   

Continue reading “Where’s My Money?: The Impact of New Overtime Rules”