Centauri Law Group, P.C. provides legal guidance to our client businesses, addressing a broad range of legal needs. Centauri’s legal services include advising our clients regarding employment law compliance – assisting businesses in complying with the myriad, and ever-growing thicket of laws and regulations applicable to their retention of employees, independent contractors and other service providers. Such generally recurring issues involve (1) assessing whether workers are properly classified as employees or independent contractors; (2) ensuring that the employment or independent contractor relationship is properly documented to prevent future disputes, to the extent possible; and (3) assisting our clients in the event employment litigation should arise.
- Independent Contractor vs. Employee Relationship
A retroactive application of the Dynamex decision may subject employers to liability for the misclassification of workers as independent contractors. The retroactive liability may potentially extend back four years before the 2018 decision given California’s four-year statute of limitations period.
- Employment Documentation when Hiring
It is important that the classification of each of a company’s workers be appropriately documented in writing with the worker, including when a company intends to hire an employee.
- Documentation when Retaining Independent Contractors
It is important that the classification of each of a company’s workers be appropriately documented in writing with the worker, including when a company intends to hire an independent contractor.
- Employment Litigation Issues that an Employer Should Know
Employment litigation, at least in California, begins with the proposition that employment is “at-will”. This means that either the employer, or the employee, may terminate the employment relationship, at any time, with, or without, just cause.