Q: If an employee is classified as exempt and working over 40 hours per week, how would your law firm make the argument that they are entitled to overtime? A: The first consideration we take into account is how much the employee is getting paid. One of the requirements to being exempt in California is […]
Breach of Contact: Material and Immaterial
A breach of contract may be “material” (i.e., an important breach) or “immaterial” (a relatively unimportant breach). When a breach is material, the party not in breach can terminate the contract and will be excused from further performance of the contract. An immaterial breach may give rise to a right to sue for breach of […]
Is there ever an instance where it is better to be an independent contractor than an employee?
It really depends on the circumstances of the particular person, but I could envision a scenario where it might be more beneficial to be an independent contractor. If you have significant business expenses that you otherwise would not be able to deduct from your taxes if you were classified as an employee, working as an […]
Misclassified Employees
Q: An employee comes into you, has been characterized as an independent contractor for years. How can you help that person? A: There are a lot of factors to be considered such as: How are you paid? Is there a written contract? What does the contract say? And as for the contract, it may be […]
When Does a Breach of Contract Occur?
A breach of contract occurs the party in breach fails to perform timely. Often, some leeway is given for time of performance. It is not unusual for a party expecting performance to wait awhile (a few days, a week, maybe more) for the promised performance. Oftentimes, a phone call, email, or letter, can clear up […]
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