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 41 
 on: August 24, 2015, 03:39:38 PM 
Started by beancounter - Last post by beancounter
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beancounter
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Some good resources can be found at the You must login to view links.
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IIABCal
's YouTube page, including WCIRB presentations on:

  • Combination of Entities (8/13/15)
  • Standard Exceptions (7/15/2015)
  • Intro to Experience Rating (10/2/2014)

 42 
 on: August 13, 2015, 11:19:13 AM 
Started by beancounter - Last post by beancounter
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In disputing employment status issues, employers sometimes offer signed waivers or a contract containing a waiver clause, to support their assertion that the worker is independent.

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California Labor Code §5000
provides that any contract or agreement, express or implied, made by any employee to waive California Workers’ Compensation benefits, is null and void.  The statute establishes a rule that an employee who is otherwise eligible for California benefits cannot be deemed to have contractually waived those benefits, and an employer who is otherwise liable for California benefits cannot evade liability through contract.

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Matthews v. National Football League Management Council; Tennessee Titans (2012) 77 CCC 1, United States Court of Appeal for the Ninth Circuit
.

 43 
 on: July 14, 2015, 05:45:35 PM 
Started by beancounter - Last post by beancounter
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beancounter
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June 3, 2015 California Labor Commission ruling
which concludes Uber drivers are employees and not independent contractors.  The commission wrote that Uber is “involved in every aspect of the operation.”

Plaintiff’s car and her labor were her only assets.  Plaintiff’s work did not entail any managerial skills that could affect profit or loss.  Aside from her car, Plaintiff had no investment in the business.  Defendants provided the iPhone application, which was essential to the work.  But for the Defendant’s intellectual property, Plaintiff would not have been able to perform the work.

In light of the above, Plaintiff was Defendant’s employee.  Therefore, the Labor Commissioner has jurisdiction to adjudicate the instant matter.

CONCLUSION

For all the reasons set forth above, IT IS HEREBY ORDERED that Defendants pay Plaintiff the sum of $4,152.20 , calculated as follows:

1.   $3,878.08 in reimbursable expenses pursuant to Labor Code 2802; and
2.   $274.12 in interest pursuant to Labor Code 2802(b).

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bizzare story
.

Uber said the decision did not apply to other workers and has appealed it to San Francisco Superior Court.  I seriously doubt they will succeed in arguing for the independent status of their drivers.  If they were smart, they would shut-up and pay the $4,152.20.

Uber has been insured with the same carrier since 2013.  Read the decision You must login to view links.
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here
.

 44 
 on: June 16, 2015, 04:39:39 PM 
Started by beancounter - Last post by beancounter
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beancounter
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Here's
a summary of the issue regarding residing relatives.

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court case
which details the history of the September 15, 1967 opinion of then California Insurance Commissioner Roddis (Ruling 157) and summarizes the impact on the CA Code of Regulations – Title 10, Sections 2257 to 2269.2.

 45 
 on: May 01, 2015, 09:14:22 AM 
Started by beancounter - Last post by beancounter
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beancounter
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Here's a good summary from the You must login to view links.
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Division of Labor Standards Enforcement (DLSE)


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Vanderbuilt University
.

 46 
 on: May 01, 2015, 09:08:31 AM 
Started by beancounter - Last post by beancounter
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beancounter
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For some helpful information on the subject of employment status, see the IRS brochure: You must login to view links.
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Independent Contractor (Self-Employed) or Employee?


Of course, determinations can have different results for IRS and workers' comp purposes - the IRS may view someone as independent, and you might see them as an employee.  The IRS is concerned with getting tax dollars, we are concerned with claims liability.

 47 
 on: March 26, 2015, 05:35:11 PM 
Started by beancounter - Last post by beancounter
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beancounter
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Here are some resources:

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    JW Fisk

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    1.5.2 Navigable waters defined
    (situs)
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    §701.302   Who is an employee?
    (status)

     Wink

 48 
 on: March 13, 2015, 12:25:42 PM 
Started by beancounter - Last post by beancounter
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beancounter
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Did you know there was a You must login to view links.
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Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation (BEARHFTI)
?


 49 
 on: March 13, 2015, 12:25:18 PM 
Started by beancounter - Last post by beancounter
Read 772 times
beancounter
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Did you know there was a You must login to view links.
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Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation (BEARHFTI)
?


 50 
 on: February 03, 2015, 03:45:09 PM 
Started by beancounter - Last post by beancounter
Read 13294 times
beancounter
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Here's another good resource on the subject of LLC's from You must login to view links.
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Nolo Press
and You must login to view links.
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Richard G. Burt
.

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California Labor Code Section 3351 (f)
.

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