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Employee of Independent Contractor? A New Ruling Changes Things

man with satchelIf your company relies on independent contractors to do business, you may want to reevaluate your relationship with those workers in the wake of a recent California Supreme Court decision changing the way their employment status should be determined.

The April 30 ruling sent shockwaves through the state’s so-called “gig economy” – created by customer service providers such as Lyft, Uber and GrubHub who use independent contractors to avoid the higher costs that come with hiring employees.

It’s not just these tech-centric startups, however, who may now need to restructure their businesses to avoid the risks of fines, restitution of … Read More

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2018 LEGAL UPDATES PROPERTY LAW

  • business newspaperNEW RECOMMENDED DISCLOSURES:In light of the fires, there are new disclosures that are recommended for use in conjunction with sales.

    • What you see are folks disclosing and shifting responsibility

    • Increased advisories regarding condition of land, water, air, contamination, engineering

    • Use of attorneys

    • Questions on insurance – can they get it for the property

  • Many Properties that were cleaned up are subject to liens for fees and reporting requirements

    • PROBLEMS – time frames for this, but the County is behind.Lake county took 2 years

  • WINE COUNTRY’S NEW CROP

    • SB 94 – effectively made the marijuana law for adult and recreational use

… Read More
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10 Tips to Stronger Contracts

person working on computer1. Clarify the parties contracting, is it a business or an individual? Make sure it’s the correct name, etc.

2. Nail down essential terms

3. Memorialize them in a way that they’re easily understood. Think of it being understandable to a regular person.

4. Include all essential terms to make the contract the only reflection of the agreement.

5. Consider termination provisions

6. How do you want to be given notice of things? The antiquated fax, email. regular mail?

7. Dispute Handling – long process of court, expedited arbitration, or want to try an informal resolution first?

8. Attorney fees … Read More

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Insurance Tips

female boxerInsurance Coverage

Your Rights

(1) Know your rights.  You are entitled to be treated in good faith

(2) An insurer cannot present an unreasonably low settlement

(3) An insurer must perform reasonable investigation and taken into account things you’ve provided (think photos, lists, etc.)

(4) An insurer cannot misrepresent policy provisions

(5) Discrimination laws apply

(6) You are entitled to prompt and honest communications

(7) You have a duty to cooperate with your insurer

Negotiation Tips

(1) Calling about your claim even if you don’t have all the info is helpful;

(2) You don’t have to agree to initial amounts, … Read More