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Hi attorney Steve fondren business and real estate lawyer license to practice law in California and Arizona we're back on the attorney Steve white board today's topic real estate independent contractors independent contractors and a couple of the lawsuits that are out there now in California pending on this issue of independent contractors versus employees now you have to be very careful here when you're starting a brokerage and you're trying to get your business up and running or an existing brokerage you know employees have whenever you have an employee one of the downsides of having an employee's is it starts triggering all these state and federal employment laws right so in real estate you try to have your agents and other brokers that you work with your employ your your processors your your your transactional coordinators people that you work with you want them to be independent contractors right so as you know as a broker you have a duty to have an independent contractor agreement with all of your employees so our firm helps draft these independent contractor agreements and we try to take into account you have to understand the elements of independent contractor versus employee there's two cases that recently came out in los angeles superior court and in california beres irani versus Caldwell and ivan F cruz vs redfin these are two cases that we are going to be updating you on you want to make sure you bookmark us bookmark us by clicking on the red V on this video bookmark us so you can come back and watch these videos and get on our list so when I'm briefing these cases you'll get them live to your inbox broker knowledge knowledge is power okay so these two cases dealt with misclassifying an independent contractor as excuse me misclassifying an employee as an independent contractor and so there's a challenge being made not to say that the case is resolved but there's a challenge of being made saying wait a second you're treating that as an independent contractor in reality how you're really practicing here the day-to-day business of the brokerage is you're treating them as an employee now your state and federal laws kick in wages hours overtime all that now you've got a big mess literally a big mess on your hands and I believe this Caldwell was a class action case so bookmark us we're going to keep you posted on this I'm going to give you a couple general tips this is by no means legal advice why because this is a very tricky area of the law if you need legal advice on this issue to get your independent contractors agreements created give us a call we can walk you through some more detailed responses but these are general the things that the courts are going to look at is your independent contractor what is it you're a contractor agreement what does it say who's doing what.

FAQ

How long does it take to fill out University of California TAG?
It should not take more than an hour. I strongly suggest you complete it with a college counselor so you are taking the correct courses.The TAG agreement is a wonderful partnership between CA community colleges and the UC system, so take advantage of this service.
As the company, how do I correctly fill out a Stock Power as part of a stock purchase agreement?
The Stock Power in question evidently is an exhibit to a Stock Purchase Agreement by which the OP is purchasing restricted stock that is subject to forfeiture or repurchase by the company, entirely or in part, probably based on how long the OP continues to work with the company.Yes, just signing is the proper thing to do (from the company’s perspective) because at this time it is not known whether, or to what extent, the OP’s shares will be subject to forfeiture or repurchase.So, if and when the time for forfeiture or repurchase arrives, the company will fill in the rest of the Stock Power to transfer the forfeited or repurchased shares to the company - you will keep the shares that have vested as of that time.For the OP’s comparison, and for the benefit of Quorans who are not familiar with such Stock Powers, here is the text of the instructions that I put at the bottom of a Stock Power:(Instruction: Please do not fill in any blanks other than signing at the signature line. The purpose of this Stock Power is to enable the Company to exercise its right to reacquire Restricted Shares in the circumstances provided in the Restricted Stock Agreement without requiring an additional signature by the Grantee.)
How do I sell my car in California? What do I need to have filled out in the pink slip?
If the pink slip is in the seller’s name, the seller needs only:Release interest (sign and date line 1a). If there are two registered owners separated by the word AND, then you’ll need line 1b as well.Complete the odometer disclosure (reading, sign and date as seller). If the car is more than 10 years old, this portion is not required.Tear off the Notice of Transfer and Release of Liability. Collect the buyer’s information using this form. You could mail it in, but I recommend filing online instead.There’s no need for the seller to do anything else to the title. The back is for the buyer to worry about.If you have adequate time to prepare in advance, I recommend visiting DMV (or an auto club) to obtain two original watermarked REG 262 forms. These are transfer forms with signature lines for both buyer and seller. Complete and sign two originals, crossing out the power of attorney section. Each party keeps a fully executed original.If you can’t get hold of REG 262, you can download REG 135 instead, but these do not have signature lines for the buyer. Less than ideal, but better than nothing. Leave the DL number blank though. You don’t need to share that information.
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