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 Culture of Silence: The Impact of #metoo on Nondisclosure Agreements

Photo Credit: https://questfusion.com/non-disclosure-agreements-critical-startup/

By: Whitney Lott

Associate Editor, American Journal of Trial Advocacy

Introduction

While the #MeToo movement has forced national reflection, a new enemy of safety in the workplace has come to light: the nondisclosure agreement.  Nondisclosure agreements, once an anomaly of the tech industry, are now taking center stage in the national consciousness with its connection to the #Metoo movement. Employers of predators must now take stock if they are partially to blame for the culture of silence surrounding abuse in their companies due to the proliferation of these nondisclosure agreements. The use of nondisclosure provisions or confidentiality provisions in settlement agreements has forced victims of sexual misconduct, including the victims of Harvey Weinstein, Bill O’Reilly and even Larry Nassar, to remain silent on matters concerning the sexual abuse or harassment perpetrated on them.[1] Continue reading “The Culture of Silence: The Impact of #metoo on Nondisclosure Agreements”