Ask attorney to help set up independent contractor deals

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in Compensation and Benefits,FMLA Guidelines

If you want to create independent contractor relationships, get expert legal advice on how to structure the contract.

Recent case: Adolfo Arzate owned a truck and did work for Bridge Terminal Transport. He was designated as an independent contractor who leased his truck to the company. But he also had to follow rules on absenteeism and was listed as an employee for a portion of his compensation.

He sued on behalf of himself and other truck owner/operators, alleging they were employees owed overtime.

The court said the details of the relationship were too murky to determine conclusively whether they were independent contractors or employees. Rather than dismissing the case, the court let it proceed. (Arzate v. Bridge Terminal Transport, No. B219335, Court of Appeal of California, 2nd Appellate District, 2011)

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