September 2018 Archives

New definition of "independent contractor" affecting workers


One of the most important terms in California employment law is "independent contractor." Many laws that require employers to provide certain benefits frequently contain exceptions for workers who are "independent contractors." Hence, many businesses try to classify their workers as independent contractors to avoid the cost of mandatory benefits. Two of the most important benefits that can be avoided by calling a worker an independent contractor are workers' compensation coverage and mandatory overtime pay. Many Stockton businessmen operate on the mistaken assumption that they can avoid providing benefits by simply labelling an employee or group of employees as independent contractors. In April, the California Supreme Court issued an opinion that provides a clear definition of independent contractor, and the effects of this ruling are now hitting the marketplace.

Comparing workers' compensation benefits with SSDI benefits


Most workers in the Stockton area understand that they are entitled to workers' compensation benefits if they suffer an injury while working. Many also understand that they may be eligible for Social Security Disability Income benefits if they become permanently disabled. The exact relationship between the two disability programs is often complex and confusing, and an understanding of the basic elements of each program can be helpful in filing a claim for benefits.

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