Last year, the Department of Labor (DOL) published a Notice of Proposed Rulemaking regarding its present guidance on the classification of independent contractors. The Proposed Rule rescinds the 2021 Independent Contractor Rule, Independent Contractor Status Under the Fair Labor Standards Act, published in January 2021, and contains general interpretations for determining worker status.
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Still Waiting: DOL Expected to Issue Final Rule on Independent Contractor Classification in May 2023 Posted on: March 24, 2023 In: Labor & Employment
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Three Key Employment Law Considerations for Film Studios and Production Companies Posted on: September 27, 2022 In: Labor & Employment
Employment law compliance continues to be an active risk mitigation area for film production companies and producers on film projects. This post covers three important considerations to help limit exposure before the cameras start rolling.
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Five Tips for Using Independent Contractors in California Posted on: September 07, 2022 In: Labor & Employment
In Dynamex Operations v. Superior Court of Los Angeles, the California Supreme Court adopted the ABC Test for determining whether certain workers should be classified as independent contractors. It's an employee-friendly test that presumes a worker is an “employee” by shifting the burden of proof onto the employer. While it does pose a bigger hurdle for companies that want to use independent contractors, it is not insurmountable. Here are some key tips for using correctly classified independent contractors.
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Three Things to Consider Before Hiring Models for Your Marketing Campaign Posted on: July 15, 2021 In: Labor & Employment
When using models, many companies follow a typical procedure. After deciding what kind of models are needed for a photoshoot or event, they contact a talent agency, select the models, conduct the photoshoot/event, then pay an invoice from the talent agency a month or more after the project is complete. In many places this is perfectly acceptable, but in California, it could lead to potential liability.
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Top 6 Legal Issues for Influencer Agreements Posted on: July 09, 2021 In: Labor & Employment
In a world where content is king, the year of COVID-19, which began with massive layoffs and unemployment, spawned a new wave of influencers and brand ambassadors in a generation already filled with these intrepid entrepreneurs. But companies engaging these micro-marketers are learning that projects for influencers are hugely varied depending on the details of the project. In this post, we discuss the top six legal issues to be concerned with in an influencer agreement.
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