As an employer, knowing the difference between an employee and an independent contractor can help avoid the legal and financial penalties of worker misclassification. In my last article, I discussed what those penalties were and the effect misclassification has on employers and employees. In this article, I’ll discuss the various tests for determining whether an individual is an employee or an independent contractor. Which test to use depends on what law is being applied. The primary distinction between an employee… Read More

The rules are the rules… Virginia Workers’ Compensation is seen by many as favoring workers over employers. In many instances, it seems to fly in the face of conventional wisdom when it permits employees who may not have been exercising reasonable safety precautions to still recover benefits. In such situations, the employer will need to take a good long look at itself and its practices. In Virginia Comp, an employer can actually use an employee’s bad behavior as a possible… Read More

Whether it be due to a change in employment or family situation, moving your household goods to a new home is as exciting as it is stressful, so it is understandable that many don’t see that moving is also a significant business transaction. While the vast majority of moves occur without any significant issues arising, in the event something goes wrong you can quickly find yourself in a complex legal process. Having an understanding of the potential legal issues involved… Read More

The misclassification of workers as independent contractors rather than employees has profound implications for both employers and workers, reverberating across various facets of the labor market and the broader economy. This distinction carries significant legal, financial, and social ramifications, influencing issues such as worker rights, job security, and employer responsibilities. The debate over proper classification has intensified in recent years, fueled by the gig economy's rise and the evolving nature of work relationships. Understanding the impact of this misclassification is… Read More

As most people are aware, we live in a world where juries are returning increasingly large verdicts against companies who are alleged of wrongdoing. The size of these verdicts have become so large that stories about the verdicts appear as front page news in popular newspapers and on widely-read websites. Indeed, verdicts over $10 million have become so common over recent years that they now have a name: the “nuclear verdict.” Juries have returned nuclear verdicts against defendants in several… Read More

Spring is in full bloom. The change of season provides an opportunity to delve into a little spring cleaning. It is a chance to reduce clutter and freshen up your home. However, how often do you think about applying the concept of spring cleaning to your business contracts? Just like a home, a business can truly benefit from a cleanup to revitalize and reinvigorate a company. Priorities in business vary according to industry, but closing deals is a common factor… Read More

As most people are aware, we live in a world where juries are returning increasingly large verdicts against companies who are alleged of wrongdoing. The size of these verdicts have become so large that stories about the verdicts appear as front page news in popular newspapers and on widely-read websites. Indeed, verdicts over $10 million have become so common over recent years that they now have a name: the “nuclear verdict.” Juries have returned nuclear verdicts against defendants in several… Read More

It’s unlikely you’ve ever met me, so I’m just some attorney writing a legal article to you and you don’t know much about me. You probably know that here at Setliff Law, we defend companies from lawsuits. You probably don’t know that before I came to Setliff, many years ago, I started out in law by hanging my own shingle. It takes guts and an eat-what-you-kill attitude to support yourself by word of mouth, and when you do that sort… Read More