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Rethinking The Worker Classification Test: Employees, Entrepreneurship, And Empowerment, Griffin Toronjo Pivateau
Rethinking The Worker Classification Test: Employees, Entrepreneurship, And Empowerment, Griffin Toronjo Pivateau
Griffin Toronjo Pivateau
The structure of the American workplace depends on the ability to distinguish between employees and independent contractors. Unfortunately, the law provides little to guide employers in classifying workers. The legal tests to determine worker status are confusing, yield inconsistent results, and are not suited to the evolving employment relationship. Traditionally, courts examine the amount of control exerted over the putative employee by the employer: The more control exerted by the employer over the work, the more likely it is that the worker will be considered an employee. Control, however, is not the only factor to examine in determining worker status. …
Rethinking The Worker Classification Test: Employees, Entrepreneurship, And Empowerment, Griffin Toronjo Pivateau
Rethinking The Worker Classification Test: Employees, Entrepreneurship, And Empowerment, Griffin Toronjo Pivateau
Griffin Toronjo Pivateau
The structure of the American workplace depends on the ability to distinguish between employees and independent contractors. Unfortunately, while the law recognizes a difference between the types of workers, it provides little to guide employers in making the proper classification. Instead, employers must rely on a variety of legal tests devised by courts and government agencies to determine worker status. The most commonly used test, the common law agency test, requires analysis of many factors. The most important factor is the right of the employer to control the worker's performance. Nevertheless, while the right to control dominates, the test involves …
Putting The Blue Pencil Down: An Argument For Specificity In Noncompete Agreements, Griffin Toronjo Pivateau
Putting The Blue Pencil Down: An Argument For Specificity In Noncompete Agreements, Griffin Toronjo Pivateau
Griffin Toronjo Pivateau
Perhaps no contractual clause invites as little respect as the noncompete agreement. In a few states, the agreement is void and unenforceable. In the remaining states, a noncompete agreement scarcely seems to rise to the level of a legally enforceable agreement. Too often, neither the parties to a noncompete agreement nor the court system believe in enforcement of the agreement as actually written. In most jurisdictions, courts routinely “blue pencil” or reform covenants that are not reasonable. The blue pencil doctrine gives courts the authority to either strike unreasonable clauses from a noncompete agreement, leaving the rest to be enforced, …