1. Classifying all employees as independent contractors
To qualify as an independent contractor, the employer has the burden of proof to establish that the worker is actually an independent contractor and not an employee. I’ve discussed the parameter of this “economic realities” test here.  In addition to owing unpaid minimum wages and potential unpaid

Employers often ask me the question of what steps can they take to stop employment litigation. My response usually begins with a warning that there is nothing an employer can do that will prevent a frivolous lawsuit. Employers can only control their actions and decisions, and by thinking about and reviewing a few simple items

I know, I’m the first one to admit things have been pretty dormant here at the California Employment Law Report. It is actually a good sign of my growing practice, but with the increasing list of employers I’ve been advising, the less time I’ve had to write articles and conduct webinars. This will be changing

The scenario is common: employers have policies in place to protect the employees and the company, but getting employees to comply with the policies is difficult. For example, a company has a policy that employees have to be on-the-clock for during all of the time they are working, but there is one or two employees

I recently had the opportunity to interview Guy Kawasaki about his New York Times best selling book Enchantment.  I like to think of the interview as an extra chapter to Enchantment specifically for business owners and human resource managers about how to effectively manage employees.  We spoke about the following topics:

  • HR departments should