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Welcome mr. Jonathan judge Thank You Ward and Thank You Shannon with Basset salon solutions for having me today and gathering you all to talk about the independent contractor test changes it to California law so like Ward said we'll do the first hour just walking through the case and the tests that they've come up with in California and then we'll open up the last half hour for a QA but if any questions come up during the talk we'll try to address those but if it gets too disruptive then we'll just hold those off until the end so we can get through the material we've got a lot of material here in the written material if you need a set there's a couple up here at the front we've got some pens and highlighters there in the back a little bit about myself I'm a partner with a concern and Olsen lawyer root and Robo we're a law firm here in California we've got a hundred and eighty attorneys about 40 of us practice employment law and exclusively defend employers when they get sued by their employees a lot of the work that I do is talking to employers and talking them through the everyday situations that they face with employees and terminations and severance agreements and employee handbooks policies agreements and part of that is the whole dynamic with independent contractors so that's why Bassett had me come in to talk with you today because that's kind of my area of specialty so with that being said let's get into the materials here so on April 30th of this year the US or the California Supreme Court came down with its decision the dynamics case regarding independent contractors and what it did was change the law with regard to independent contractors from the test that we had been using for 30 years in California from what was once a multi-factor test where you would be able to weigh the different factors and make arguments one way or another to favor an employee versus independent contractor determination they've gone to a more rigid test that's somewhat simpler but very tipped in favor of employee findings so a couple of the the takeaways that I wanted to go over first before we get into the details of the case is you know where we stand with the law number one the the facts of each particular situation are still going to matter so it this doesn't mean that the independent contractor model of business is dead but it's going to be a lot more difficult to get there but the underlying facts of each particular seige situation are going to continue to matter and to continue to be argued over by attorneys number two there was always a presumption under California law that an individual working for a business was an employee and not an independent contractor and the burden of proof was always on the employer.

FAQ

What is a subcontractor contract?
A subcontractor agreement is a contract between a subcontractor and another contractor that defines a specific portion of work on a larger construction project.
How do you protect yourself from a subcontractor?
Inform the insurance company of the subcontractor of an owner complaint. File a claim with the insurance company, if you are also insured under the plan. Demand a tender of defense from the insurance company of the subcontractor on the basis of your additional insured status or contractual indemnification language.
What should a subcontractor contract include?
8 things a subcontractor agreement should include Business information. Include names, businesses names, and contact information for both the subcontractor and the hiring contractor Scope of work Payment terms Change orders Licensing and insurance coverage Dispute resolution Termination clause Flow-down provisions.
What is subcontractor example?
Examples of Subcontractors Subcontractors are individuals with special skills. In construction projects, contractors will hire subcontractors who specialize in different aspects of the project, such as plumbing, electricity, painting, etc.
How can I get out of a subcontractor contract?
6 Important Steps when Terminating a Subcontractor Verify Owner Approval. Confirm Ground for Termination. Review Practical Considerations. Follow Procedure for Proper Termination. Mitigating Damages and Documenting the Completion Work. Consider Consequences of Improper Termination.
What is the safest way to pay a contractor?
Paying through a credit card is usually the safest and the most effective way of paying your contractor. You can organize your credit card payments into convenient installments through direct deposit. It also provides more substantial proof that you've paid your contractor how much and when.
What is the responsibility of a subcontractor?
A subcontractor has a duty to carry out the work with no or minimal supervision. The contractor hires a subcontractor to complete a specific aspect of the project, such as the electrical fittings, plumbing or bricklaying, and the subcontractor is responsible for this work.
What is a subcontractor in contract law?
A subcontractor is a person or entity that has been awarded by the general contractor the performance of part of the work or services of an existing contract entered between the general contractor and the (original) contracting party.
How do I protect myself as a subcontractor?
Get Proof of Bonding, Licenses, and Insurance A valid contractor's license. Liability insurance to cover any bodily injuries and property damage that might occur during the job. Worker's compensation insurance to cover employee injuries.
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