Independent Contractor v. Employee Classification Issues
California law presumes that individuals performing work on behalf of another entity are employees. At the same time, creating an employee-relationship imposes numerous obligations on an employer including mandatory compliance with wage and hour laws, payroll, worker’s compensation insurance, and unemployment tax withholdings. California law operates under a unique set of ever-changing laws when it comes to determining whether a worker is an employee versus an independent contractor.
Loh Legal offers the following services designed to prevent litigation and mitigate risk arising from improper worker classifications:
- Tailored audit and detailed assessment as to whether workers have been properly classified;
- Analysis of potential exposure and related risks;
- Strategize and plan corrective actions to be taken if necessary;
- Draft, revise, and review employee and/or independent contractor agreements;
- Provide ongoing updates as the law on this subject continues to evolve
Workplace Investigations
A workplace investigation should be conducted whenever an employer has received a complaint or credible information conveying the occurrence of a significant wrongdoing, misconduct or ethical lapse. Employers may be held liable for the harassing acts of their workers and for failing to prevent workplace harassment, discrimination, and retaliation. An improper or incomplete workplace investigation exposes an employer to significant legal risk.
Loh Legal conducts timely, fair, and thorough investigations into allegations of improper workplace misconduct. The Firm prides itself on performing unbiased and efficient investigations. Investigatory services include interviewing key witnesses, reviewing documents, and making findings as to what has occurred. Common workplace investigation topics include:
- Discrimination (based on gender, race, religion, national origin, disability, age, and other protected categories) in hiring, assignments, promotions, and terminations;
- Sexual harassment and other forms of workplace harassment;
- Bullying;
- Retaliation;
- Whistleblowing and retaliation for whistleblowing;
- Workplace misconduct and violation of rules, expectations, and ethics;
- Wrongful discipline, including suspensions and terminations.
Severance Packages & Separation Agreements
While not required under California law, many employers offer departing employees severance packages to mitigate their potential legal liability. Loh Legal leverages its experience representing employees to provide employers with a realistic assessment of their legal risk and financial exposure in the severance package context. The firm has extensive experience negotiating and reviewing employment separation agreements.