Understand Your Rights. Solve Your Legal Problems
This is why it is crucial to have a lawyer because they can provide the best legal guidance. Had it not been for the services of professional lawyers, the world would have become a war zone. So when you decide to hire a lawyer, it is imperative to consider a few factors. Continue reading to know more:
The first and most important factor to consider is a lawyer’s knowledge. If you are hiring a lawyer from a reputable agency, you will rest assured about their knowledge. However, if you are planning to hire a freelancer, you will need to schedule an interview with them to check their knowledge. Don’t shy away from asking several questions regarding your case. Keep in mind; a lawyer will not know all the different niches of this profession. So it is best for you to ask questions that are relevant to your case.
Hiring a newbie or someone with a record of professional misconduct is going to cause more damage to your case. Secondly, it is important for you to know the person before you hire them. Especially when it comes to cases that take a lot of time to get resolved, clients need to be sure about the attitude of the lawyer. Don’t hire someone with whom you are not comfortable discussing your personal details. Especially when you have to hire a family lawyer, it becomes important to look for a person who can be trusted easily.
When sifting through the online profile of a prospective lawyer, don’t forget to consider the client reviews. The testimonial section will help you in making your final decision. For example, if you are walking through the social media profiles of the most sought after attorney in the city but come across several negative reviews by clients, it is best to leave them and look for other options around. Client reviews are central to hiring a lawyer when you don’t have any prior experience of considering legal help.
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Law is one such profession where the experience of an attorney is more important than the success rate. Experience matters a lot because you cannot trust a newbie for your case. If you are hiring an attorney for the first time, make sure to know about their experience. Make every effort to learn more about the work of professional lawyers. Especially when it comes to something as personal as family law or a criminal conviction, you need to be particular about the experience.
Last but not least, you need to have a perspective on the budget and the mode of payment before finalising any particular attorney. Suppose you are hiring an attorney for the first time. You should also know that attorneys have flexible fee options. Some charge an hourly rate, which is very expensive, whereas some settle for a fixed price that can be broken down into several parts. If you are working on a budget, you can settle for a fixed price that can be paid before and after the case is resolved.
Max Ballad, Legal Director at Arc Pensions Law LLP, examines HMRC v Sippchoice and what it illustrates about the relationship between government guidance and law concerning pensions.
Based on HMRC's Pensions Tax Manual, members of Self Invested Personal Pensions might have thought that they could contribute to their pension by transferring shares or other assets to the SIPP and get tax relief on the value of the contribution. In HMRC v Sippchoice (2020) the taxpayer had done just that but his claim for tax relief was denied by HMRC. His appeal against that decision succeeded before the First Tier Tribunal but has been overturned by the Upper Tribunal.
Section 188 of the Finance Act 2004 provides for tax relief on relievable contributions paid by a member of a registered pension scheme. The main issue in the Sippchoice case was the meaning of "paid" in this context. The Upper Tribunal accepted that taken in isolation "paid" is broad enough to cover non-monetary payments but context is key (at paragraph 27, referring to Irving v HMRC (2008)). Section 195 of the Finance Act 2004 provides for the transfer of eligible shares (acquired under SAYE option schemes or share incentive plans) to be treated as the payment of a contribution. The provisions of section 195 would have been rendered redundant if "paid" had the wider meaning contended by the taxpayer.
The Upper Tribunal also considered whether the transfer of non-cash assets to satisfy a money debt could amount to contributions paid within section 188. The Pensions Tax Manual suggested it was possible for a member to agree to pay a monetary contribution to his pension scheme and then to satisfy that obligation by transferring an asset to the scheme (at the time of writing this is still in the Pensions Tax Manual at PTM042100). The Upper Tribunal held that the existence of an agreement to pay a monetary contribution made no difference to the effect of section 188; the contribution had to be paid in money so the transfer of shares would not attract tax relief.
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Perhaps notably it was not argued by Sippchoice that it had had relied on the relevant passage in the Pensions Tax Manual.
"Sippchoice has not sought to make any argument that it relied on the passages or had a legitimate expectation that HMRC would not resile from them. Statements in HMRC's manuals are merely HMRC's interpretation of the law in their internal guidance and they do not have the force of law. We must interpret the legislation in accordance with the principles of construction described above and if we conclude, as we have, that the legislation bears a different meaning to that found in the HMRC manual, the legislation must be preferred." (at paragraph 44 of the judgment)
The Sippchoice case isn't the first time the courts have been willing to depart from guidance in relation to a pensions dispute. The Pensions Regulator issues codes of practice which supplement the law and contain detail about how trustees and others can comply with their legal obligations. The codes aren't statements of law but the courts should take into account any relevant provisions of the codes (and associated guidance) when deciding whether someone has complied with their legal obligations.
The Pensions Regulator ensures compliance with pensions law so diligent trustees and responsible employers will pay close attention to what it says. It doesn't make the law, however, and it is the job of the courts to decide what the law is. The courts won't necessarily be swayed by TPR's views.
The Pensions Regulator ensures compliance with pensions law so diligent trustees and responsible employers will pay close attention to what it says.
The following passage from PNPF Trust Co Ltd v Taylor and Others (2010) may give some comfort to anyone finding themselves in disagreement with TPR about a point of law:
In all the circumstances of the present case, I feel able to attach only the slightest weight to the views of tPR. I would be comforted, if I were to reach the conclusion that Regulation 6(4) is dealing with active members of the scheme, that my conclusion concurred with the view of the tPR. But I would have no sense of anxiety if my conclusion were to differ from that view.
Manuals and guidance can be extremely helpful but it is risky to rely on them completely. HMRC's primary duty to collect tax may mean that it is not bound by advice or guidance it has given.
In a motion filed on Tuesday afternoon, Apple sought damages from Epic Games over its August lawsuit, accusing the video game maker of violating the terms of its App Store and denying that it benefits from a monopoly.
The move follows Epic Games’ filing of an antitrust suit against Apple in August, seeking the right to provide "competitive payment processing on iOS" by circumventing Apple’s 30% commission fee on transactions made using its App Store. Epic Games’ popular video game Fortnite was removed from the iOS App Store after the company’s implementation of a separate microtransaction system that would allow players to pay Epic Games directly for in-game assets – and receive a discount for doing so.
In the ensuing legal battle, Epic Games sought, and received, a restraining order to prevent Apple from blocking its access to Apple accounts used for game development through the Unreal Engine, though its request that Apple be forced to return Fortnite to the App Store was rejected.
In its latest filing, Apple defended its 30% commission fee and framed the legal dispute as “nothing more than a basic disagreement over money”.
"Although Epic portrays itself as a modern corporate Robin Hood, in reality it is a multi-billion dollar enterprise that simply wants to pay nothing for the tremendous value it derives from the App Store," Apple wrote in the opening to its suit.
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"This Court should hold Epic to its contractual promises, award Apple compensatory and punitive damages, and enjoin Epic from engaging in further unfair business practices,” it continued.
Alongside its August lawsuit against Apple, Epic Games also sued Google for imposing a similar commission fee on microtransactions processed through the Google Play store. Google has attempted to prevent US District Courts from tying its case to the dispute between Apple and Epic, arguing that there are enough differences between itself and Apple that there is “little risk of conflicting results.”
While every state defines these crimes in different ways, if convicted a person can face thousands of dollars in fines and even time in jail. Knowing what to do and what your rights are if you are arrested and charged with one of these crimes can make a huge difference in the outcome of your case.
Also known as “driving to endanger” in some states, at its core a reckless driving offense criminalises behavior when someone shows a conscious disregard that their driving puts others in danger. Each jurisdiction will usually have many types or degrees of reckless driving crimes. The possible sentences if convicted increase in severity based on factors like exceeding a certain speed limit, passing school buses, street racing, and other dangerous activity.
There is no named concrete list of actions that determines whether the driver’s actions are reckless; instead, the circumstances of each incident allows the citing officer or a jury to make a judgment call. Many people are charged with reckless driving after they are involved in an accident, while others are pulled over and cited while in the act of driving.
Drunk driving, often abbreviated as DUI or DWI, is a different criminal charge that comes with harsher penalties. States separate these driving offenses to emphasise the dangerous consequences that alcohol and drugs have on public safety. Reckless driving is a more generally defined crime that can include a number of different behaviours, while a DWI/DUI is based on a measurable level of intoxication backed by scientific methods such as blood tests and breathalysers. In some cases, a person charged with a DUI may negotiate a plea deal with the state prosecutor to reduce a DUI charge to a reckless driving charge, which carries a lighter sentence.
Drunk driving, often abbreviated as DUI or DWI, is a different criminal charge that comes with harsher penalties.
Most states classify reckless driving as a misdemeanour, or whatever that jurisdiction’s equivalent is. Being convicted usually results in fines that can add up to several hundred or even thousands of dollars, and from a few days to up to 3 months in jail. Reckless driving incidents with aggravating factors like extreme speeding, emergency vehicle endangerment, and school zone infractions may be charged as felonies in some states.
In addition, the conviction will go on the person’s driving record. This is important if you live in a state that uses a traffic violations points system, which affects how expensive your car insurance will be and counts towards a license suspension. Some states will also require driver safety or improvements programs, such as ones required for reckless driving in Virginia.
Criminal defendants have the right to legal counsel, even if they cannot afford a lawyer on their own. This is true for all defendants charged with a felony, whether a state or federal crime. However, the right to counsel when charged with a misdemeanour is not necessarily guaranteed. Supreme Court case law states that the right to counsel extends to some misdemeanour charges that carry jail time, but many defendants are unaware of this.
But that does not mean that if you are arrested for or questioned under suspicion of a misdemeanour, you are barred from seeking an attorney’s help at all. If you are arrested or otherwise detained by police, any questioning should stop the moment you ask for legal counsel. This allows you the opportunity to retain the services of a criminal defense attorney to assess your case.
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Far too many defendants charged with misdemeanours like reckless driving go before the court without any legal counsel. Some may feel pressured by the police or prosecutor to accept a plea deal to avoid jail, only to find out that their sentence was suspended and they may still face jail time in the future. Others may be told that if they seek the services of a public defender, they will be forced to pay back some of the cost in the form of fees and fines.
But no matter the circumstance, having the assistance of defense counsel can have a huge impact on the outcome of your case. For example, a defendant may jump at the opportunity to get out of jail when offered a plea deal, but may not be aware of valid defenses he loses by accepting it. Sadly, most people don’t know this when they waive their right to counsel. That is why if you are arrested or charged with reckless driving, stop, take a breath, and seek the services of a criminal defense attorney. It can make a huge difference. For more information about misdemeanors and the right to counsel, check out the 6th Amendment Center.
Neil Williams of financial crime specialists Rahman Ravelli voices concern about the risk of fraud involving coronavirus loan schemes.
Saying the government has left the taxpayer vulnerable to multi-million pound theft is a large accusation to make. But that is the charge that has been levelled at the government by prominent anti-fraud organisations.
They believe theft is being made possible because there is no publication of lists of those who have received money under the coronavirus loan schemes. With the government having underwritten loans totalling nearly £35 billion to help more than 800,000 small businesses survive the COVID-19 crisis, critics fear a lack of thorough checks on the firms and individuals requesting the money is practically an invitation to those looking to make fraudulent gains.
The prospect of criminals using fake companies to make those gains prompted Spotlight on Corruption, the Fraud Advisory Panel and Transparency International to write to Chancellor Rishi Sunak in a bid to persuade the Treasury to publish the names of all those who receive virus loans. Their argument is that removing the anonymity of loan recipients will make it easier for the authorities to identify – with the help of the public - those using the scheme to make criminal gains, and deter many who are tempted to do so.
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While the past months have been strange times for politicians, the business community and the rest of us, the argument put forward by the anti-corruption bodies is hard to ignore. It seems bizarre that the government has not approached the loan scheme with at least one eye on those who would view such loans as an opportunity to carry out an illegal dash for cash. While the loans can be heralded as an innovative response to unique circumstances, there is nothing unique about a large fund of money attracting those looking to get their hands on it illegally. The government’s own National Fraud Initiative has proved adept at matching electronic data within and between public and private sector bodies to prevent and detect fraud in relation to grants and benefits. Not providing it with the tools to do the same with tens of billions of pounds in government loans seems to represent either a huge oversight, a sign of government naivety or a hopelessly optimistic belief that those looking to commit fraud would simply not risk making bogus applications.
Identifying fraud relies on data. If the details of all loanees were published then all manner of cross-referencing could be carried out to pinpoint suspicious activity before, during or after loan applications. Without those details, the task of spotting – and recognising the significance of - the company that is suddenly no longer dormant or the arrival of new directors is infinitely more difficult. Fraud thrives on weaknesses in systems. Those looking to commit it are skilled at recognising those weaknesses and the best ways of exploiting them - sub-prime mortgage abuse and all manner of long firm frauds are just two obvious examples of that.
It should be acknowledged, of course, that there will be those without criminal intent who will appreciate the fact that the loan they have applied for and received is not known about by others. They may feel that having it made public would give their competitors an edge, as those competitors may see an opportunity in a rival’s adversity. But on the other hand, it is not beyond the realm of possibility that, without publicly available loan information, innocent businesses will be blissfully unaware that applications have been made in their name, with funds being authorised and paid to third parties who have hijacked identities and diverted funds. The ability to check a central register of applicants may well discourage this.
Fraud thrives on weaknesses in systems.
Protecting the identities of legitimate businesses seeking help is one thing. But placing faith in procedures and existing regulatory and compliance frameworks being robust enough to ensure that fraud opportunities are limited is another. The danger is that those frameworks are simply not up to the job. The loan schemes may find themselves to be a fertile hunting ground for opportunists looking to get their hands on the rich pickings available.
The government has made it clear that loans must be repaid and that banks will be taking precautions against loan-based fraud, such as customer checks and monitoring. It even stated that it expects those applying for loans to act responsibly. This seems to be more of an unfounded hope than a realistic expectation. Those looking to commit fraud will always be happy to go for the no publicity option. The government has given them just that.
A statutory instrument (SI) allowing for wills to be witnessed virtually in England and Wales has been laid in the House of Commons, coming into effect at the end of the month.
Originally announced in July, the new measure temporarily amends the Wills Act of 1837 to allow the witnessing of wills by “videoconferencing or other visual transmission”, opening the process up for use of programmes such as Zoom and Skype in remote witnessing.
The SI is slated to come into force on 28 September and will be backdated to 31 January 2020, when the first confirmed case of COVID-19 was recorded in the UK. Any wills witnessed by video from that date onwards will therefore be legally accepted, provided that audio and visual quality was sufficient to follow the proceedings.
Under the Wills Act 1837 prior to the new amendment, the will-signing process required the physical presence of two witnesses alongside the testator in order to safeguard against the possibility of fraud or undue influence.
In a statement, a Ministry of Justice (MoJ) spokesperson attributed the change to the difficulty of witnessing wills in person during the COVID-19 pandemic. “These changes will give peace of mind to many that their last wishes can still be recorded while maintaining all the existing safeguards against fraud or disputes,” they said.
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Government guidance states that people must continue to arrange physical witnessing of wills where it is possible to do so safely, and that witnessing by video should remain a last resort.
The SI will remain in force until 31 January 2022, though the MoJ emphasised that the life of the measure could be shortened or lengthened according to need.
Once you start to make one, it's as if you've completely accepted the concept of death. However, this is a very practical move. One's death will certainly come —the only uncertainty is when. Drafting a will helps you prepare for this time and ensures your assets will be distributed according to your wishes.
While many choose to DIY the drafting of their will, this route isn't recommended. With a document as important as a will, it's best to leave things in your estate lawyer's hands. That way, you know for certain that you’re complying with the legalities surrounding its creation and implementation.
Here are some questions you should ask your lawyer when making your will:
You should work with a seasoned lawyer specialising in wills and estate planning. An estate lawyer can give you that added peace of mind that your will can be successfully accepted in probate courts when you're no longer around. Remember that you'll no longer be physically present to prove the validity of your will, so you want to be sure you're leaving things in the hands of a capable estate lawyer.
A lawyer specialising in making a legal will and estate planning stays up-to-date with any changes in local statutes and procedures. They can strategise and ensure your will properly reflects your wishes.
You should work with a seasoned lawyer specialising in wills and estate planning.
Once you sit down, talk through what you want to be done after your death, provide your lawyer with the right documents, and ask what else should be included in the will. This will help you figure out which provisions should and shouldn't be part of your will.
In general, most people include the following in their will:
These categories can provide you with a starting point when you’re drafting your will. However, do remember that death doesn't extinguish debts. If you've got sizable debts that you might not be able to completely pay for during your lifetime, it's good to also make a plan for their payment on your will.
There are some will and estate planning attorneys who merely draft wills, while others can also execute them. Ask this question early on, because it's best to work with the latter group. It's more convenient to hire a lawyer who can also execute wills. That way, you're guaranteed your will shall be executed exactly as you planned. After all, they're the same lawyer who will work with you from day one.
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The question of how much each of your beneficiaries are going to receive will often be guided by your local laws. It's best to ask your lawyer about this so that you have an absolute say on the distribution of your assets. This question becomes all the more compelling when your familial relationships are quite complicated, such as when you have illegitimate or adopted children.
Some lawyers conduct periodic reviews, while others don't. A periodic review is done when the lawyer does a regular check for updates regarding any changes in your life situation. For example, have you acquired any significant assets after the time your will was made? Do you have new children? There could also be amendments in the law that can apply to you.
Work with a lawyer who conducts periodic reviews to constantly update your will until such a time as you become unable to do so.
If you have no idea how to start drafting your will, the advice above provides you with a great starting point. The most important takeaway is for you to remember to leave this task in an expert lawyer's hands. In doing so, you're assured that your will is accurate, legal, and will be accepted in the probate proceedings. A will is one of the most important documents you're going to make in your lifetime, even if you're not necessarily a millionaire. As long as you've got assets to leave behind to your loved ones, a will can help ensure that these are distributed according to your wishes after your death.
Seniors are more likely to fall and more likely to suffer serious injuries due to their age and health conditions, and often the cause is not related to their surroundings.
A fall in a managed care facility can happen the way these accidents typically take place, such as a person slipping on uneven carpet or on a wet floor, but that is often not the case. Instead, when an elderly person falls in a nursing home, it is typically because they weren’t adequately supervised. Here are more reasons a nursing home may be liable:
● The staff failed to properly care for the resident.
● The staff failed to follow the resident’s health plan.
● The staff were not properly trained.
● The administration or staff failed to maintain the facility.
● The staff did not follow the facility’s protocol.
Extreme cases can also fall under nursing home abuse or neglect. Nursing home workers often have long hours, low pay, and poor training, all of which increase the chances a senior will be abused or neglected.
Seniors are more likely to fall and more likely to suffer serious injuries due to their age and health conditions
One of the most common reasons elderly people enter aged care centers is because their family members can no longer manage their care at home. They may not be able to keep their loved one safe as their health deteriorates. Falls are very dangerous for seniors, and families expect the nursing home staff to prevent falls and other injuries.
The federal government also expects nursing homes to keep their residents safe, and that’s why these facilities are required to perform a clinical assessment of their residents that is known as a Minimum Data Set, or MDS. This is an assessment of each resident’s health needs, and it includes an assessment of their fall risk.
This assessment will be performed during the admissions process, so the staff members know who is at risk and that they need close supervision. The resident must also be periodically reassessed to see if the situation has changed. If the MDS shows that a senior is at risk of falls but they fall and are injured anyway, the facility is legally liable.
The following conditions are common reasons why seniors fall in nursing homes. Any of these could lead to a fall that causes contusions, broken bones, traumatic brain injury, or death.
Seniors can suffer from a variety of diseases that can affect their balance and increase their chances of falling. These may include arthritis, peripheral neuropathy, Alzheimer’s disease, dementia, and Parkinson’s disease.
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Seniors often take a variety of medications, and some of them cause drowsiness. Taking a cocktail of prescription and over-the-counter medications can also lead to drug interactions. This can make it more difficult for seniors to keep their balance.
Many elderly people suffer from impaired vision that worsens as they age, making navigating a room a challenge. This can be caused by eye diseases like cataracts, glaucoma, age-related macular degeneration, and diabetic retinopathy.
Many elderly people have lost their mobility due to surgical procedures that can leave them in pain and in a weakened state. In addition to this, seniors may not get enough exercise, and this further weakens them. This can result in a loss of balance or increased incoordination.
If you have reason to believe an aged care facility’s negligence was responsible for your loved one’s injury or death, consider reaching out to a nursing home abuse law firm for guidance. An attorney can help you uncover evidence that proves negligence, neglect, or abuse and walk you through the steps involved in a lawsuit.
Amanda Hamilton, CEO of the National Association of Licenced Paralegals (NALP), shares her insights on how first-time legal jobseekers can give a good impression in interviews.
The experience of being interviewed, as we all are aware, is exceptionally stressful even for the most experienced among us and at whatever age. It certainly doesn’t get any easier. Sometimes you may be confronted by two or more interviewers and the fear-factor may even make you forget your own name!
So what are the basic principles of interview technique? Well, before we go into this in detail, let’s try to dispel some of the myths to help you understand the one main principle of attending an interview, which is:
You wouldn’t be asked to attend if your qualifications and experience hadn’t already spoken for themselves. In other words, you don’t have to prove your right to be there. You are attending on merit, just like everyone else. You have a level playing field with all other applicants. So the question arises: what is the purpose of holding an interview? The answer is quite simple: to see if your personality fits with what they are looking for.
On the basis of understanding this one premise, we can now discuss some tips to help you get through this process.
Firstly, whether you fit with what the interviewer wants is outside of your control. You have no idea about what they are specifically looking for in an applicant. Sometimes, and this comes from personal experience as an interviewer, you, the applicant, may change the interviewer's mind halfway through the interview. So, it is fundamentally important that you relax and let your true personality shine through.
You wouldn’t be asked to attend if your qualifications and experience hadn’t already spoken for themselves.
It’s a bit like being an actor and going for an audition. You may be an excellent actor, and you may have rehearsed your lines and perform a brilliant audition, but if your stature is wrong, or you’re not the right age for the part, you’ll be turned down. That’s down to the director and what they are looking for. So, as a jobbing actor, you then go to the next audition.
Being turned down for an interview shouldn’t be taken personally, although as human beings we cannot help being emotional about the rejection as it is perceived to be something wrong about ourselves.
Secondly, I have, as an employer, interviewed many individuals. The following are examples of a few interviews that went wrong from the applicants’ point of view. It was for a senior administrative and customer services role. I had made a few notes to myself as to what I was looking for. The main part of the job description was that that the applicant must have a legal background or have experience working in a legal environment.
Applicant 1: Had a week to prepare for the interview. Was currently working as a paralegal. She had not taken any care in how she looked nor in the clothes she wore. She entered the room and addressed me (her interviewer) as ‘dear’. Having asked her whether she knew what we did, she shook her head. I gave her a brief synopsis of our organisation, at the end of which, I asked her if she had any questions. She answered by saying: ‘Yes. How much are you going to pay me, dear?’ I ushered her out of the interview room and said that we will let her know the outcome after we had finished interviewing all the applicants. A week later, I received a phone call from her asking once again how much we were going to pay her, at which point I said that we hadn’t decided to employ her.
Applicant 2: Again, had a week to prepare for the interview. A law graduate. Came in, sat down, didn’t say anything. Her head was down and in answer to my question whether she knew what our organisation did, she shook her head. After proceeding to give her a brief outline, I asked her whether she had any questions. She shook her head. The interview was over.
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Applicant 3: A law graduate. He strutted into the interview room and lazily planted himself over the chair. He was not dressed appropriately. He did not acknowledge me in any way other than by saying ‘alright’. The interview was over almost before it began although I went through the motions.
Applicant 4: Was a last-minute, reluctant addition to the list of applicants as the agent had expounded her virtues. She had no legal training or experience but dressed well and came across as very open about her lack of experience and being willing to learn very quickly. She had a great personality and had checked our website so was aware of what we did. She got the job.
Needless to say, the first three applicants failed in their ‘effort’ to gain employment. The first was inappropriate in every way. The second was ineffectual, and the third was downright arrogant. The fourth was not what we thought we were looking for, but was so open and honest that we changed our minds. She remains in our employ after 5 years, and has become a senior member of staff.
So what advice can we extrapolate from these interview examples? There are some fundamental tips to bear in mind:
Last Friday, California Governor Greg Newsom passed a bill amending the state’s landmark labour law, Assembly Bill 5 (AB5), to exempt two dozen professions from its mandated “ABC” test for determining whether a worker can be classified as a contractor instead of a regular employee.
Passed last September, AB5 had a major effect on the Californian gig economy. Among its measures, which were made in response to widespread misclassification of employees as independent contractors who were not entitled to certain benefits or a minimum wage, was the inclusion of the “ABC” test that contractors must now pass to demonstrate their status.
The test asks that workers show that they are “free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity’s business, and the person is customarily engaged in an independently established trade, occupation, or business.”
The bill passed on Friday, Assembly Bill 2257, allows several professions to waive the test. Exempted professions include freelance writers, musicians, promoters, cosmetologists and distributors of sound recordings.
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Also as part of AB 2257, businesses can now be contracted to provide services to the customers of another business, provided that the service provider’s employees work under their employer’s name, in addition to other criteria.
These changes take effect immediately.
