Archive for August, 2010

Recently, the U.S. Court of Appeals for the Ninth Circuit published a decision regarding the misidentification of employees as independent contractors.  Such a decision by a court could have serious consequences for Humboldt County employers.  In short, having your employees acknowledge that they’re independent contractors doesn’t make it so.

In Narayan, et al. v. EGL, INC., et al., No. 07-16487, the employer, “a global transportation, supply chain management and information services company[,]” was a Texas company with driving operations in California.  Three of the employer’s California drivers signed agreements for “Leased Equipment and Independent Contractor Services,” which provided that the parties’ intentions were to enter into an independent contractor relationship.  Subsequently, the California drivers filed a lawsuit seeking unpaid overtime, expense reimbursement, meal compensation, and reimbursement for unlawful wage deductions—all owed to employees under California law.

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In a series of decisions in 2010, the U.S. Supreme Court narrowed and refined the scope of the landmark decision Miranda v. Arizona that established important protections for criminal suspects.

On June 1, 2010, the Court issued an opinion in Berghuis v. Thompkins.   New York Times article.

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Do you run a small, closely held corporation, partnership, or limited liability company in Humboldt County, Trinity County, Del Norte County or Mendocino County?

If so, do you have a Buy-Sell Agreement that provides for the transfer of your ownership interest if you die, retire, become disabled, or want to sell your interest in the business?

The purpose of a Buy-Sell Agreement is to provide for an orderly transition of ownership interest on the occurrence of any number of events.  In addition to those events mentioned above, a Buy-Sell Agreement can also be important when an owner files for bankruptcy, loses a required license or is voluntarily or involuntarily terminated from his or her employment in the business.

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Owners of real estate, as well as renters and managers of real estate,  should be aware of their duties to maintain safe conditions on the property that they control because if someone is injured on the property, they could be sued and held liable for significant damages.   With the exception of the greater Eureka-Arcata area, Humboldt County has remained largely undeveloped over the years.   As a result, there are many buildings that were originally built in complete disregard of the County’s applicable codes.  Owners and occupiers should know the legal status of their buildings before it is too late and someone is injured as a result of failing to maintain appropriate living conditions.

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