Who is your Employee? It Depends, Sometimes on the Law, Usually on the Facts, and Occasionally on Elections By F. Curt Kirschner, Jr.
Determining who is your employee is a tremendously consequential issue for employers. A worker's classification as employee, independent contractor, volunteer, student, or something else affects how you should pay the worker, what you must and must not say to the worker, and what rights the worker has on a broad spectrum of issues, from leave laws to fiduciary obligations to unionization rights.
F. Curt Kirschner, Jr. is a partner in the San Francisco office of Jones Day and is on the Editorial Board of the California Labor & Employment Bulletin. He may be reached at firstname.lastname@example.org . Curt wishes to thank the support of David Seidel in the research for this article.
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