Business owners

Misclassification of Employees and Independent Contractors After AB-5

June 24, 2022 | Jaclyn Ford

Classifying workers as employees or independent contractors has many different legal implications. In recent years, massive litigation efforts from big companies like Uber have highlighted confusion in this area of the law. This confusion led to the passage of AB-5, which was signed into law in September 2019. The law creates a test for determining whether a worker should be properly classified as an employee or an independent contractor. Business owners should understand this law so they can apply it properly to all workers and thus avoid unnecessary liability.

How AB-5 Changed the Rules of Classification

The new test for classification is known as the “ABC Test”:

New California Laws Effective in 2021

April 16, 2021 | Mark Figueiredo

As with every new year, 2021 has brought changes to the law that can affect your business. California business owners must stay up to date on the legal changes that can affect their liabilities. The experienced business attorneys at Structure Law Group are here to help you understand all potential liabilities your business could face and develop an effective strategy for mitigating these risks.

New Code of Civil Procedure Statutes Enacted For 2021

The Code of Civil Procedure has been amended to include three new specific sections related to the discovery process. Section 2031.280(a) of the Code of Civil Procedure is amended so that parties responding to an inspection demand may no longer produce documents “as they are kept in the usual course of business.” Instead, when produced, the documents “shall be identified with the specific request number to which the documents respond.” This can add extensive administrative labor to reorganize documents and produce them as requested.

When to Seek a Protective Order in Civil Litigation

February 26, 2021 | Structure Law Group, LLP

A civil lawsuit is a common experience for business owners. Whether you are filing or defending a lawsuit, it is important to work with an experienced litigator who knows how to protect your legal rights throughout the discovery process. The experienced business lawyers at Structure Law Group, LLP know how to protect both you and your business from inappropriate discovery requests by seeking a protective order. Here are a few examples of tools our experienced attorneys can employ to protect your rights.

Privacy

Certain information must be exchanged during the discovery process. This is not, however, an unlimited right for the other party to learn every detail about your personal life. Discovery requests must pertain to information that are admissible at trial – or “reasonably calculated to lead to admissible evidence.” If you are asked about personal information that does not pertain to the lawsuit, your attorney can object. Objections can be made to written requests, such as interrogatories, requests for admission, or requests for documents. Objections can also be made to questions posed at a deposition. By following up with a protective order, your rights to preserve your objections can be protected throughout the remainder of the case.

The Basics of LLCs

December 13, 2019 | Mark Figueiredo

LLCs are a popular business entity that can provide comprehensive legal protection. Unfortunately, business owners who do not properly form or operate their LLCs can still be personally liable for the debts and liabilities of the business. Call Structure Law Group at 408-441-7500 to schedule a consultation with one of our experienced lawyers. We have helped many business owners throughout California protect their assets and rights through solution-oriented counsel and representation.

What is an LLC?

A limited liability company (LLC) is a type of business entity. When formed and operated properly, an LLC can protect business owners from liability, and shield their assets from being used to satisfy the debts of the business. This is because the LLC is a separate legal being from the individuals who own it. As a result, creditors can only access assets in the LLC’s name to satisfy the debts of the LLC. The owner’s personal assets are not available to business creditors.