California Employment Law
California Employment Law Questions Answered by Legal Experts
The factors described above were originated as part of a determination of corporate liability for purposes of unlawful employment discrimination. The point, however, is important because the Clackamas case shows that there is no law prohibiting an independent contractor from sitting on a corporation board. The issue is simply whether or not the contractor is in fact an independent contractor, rather than an employee.
Please let me know if my answer is helpful. And, thanks for using justanswer.com!
Thank you. That absolutely clarifies the first part regarding sitting on the Executive Board (Senior Management Committee), which might imply the answer to the second part, but I would like explicit confirmation regarding the "supervising, hiring and firing" of employees.
The situation is that an IT consultant was brought in to a company that had no internal IT resources. The consultant was eventually offered a position on the Executive Board. The consultant eventually over saw the hiring of IT employees for his client. This expanded into a position where the IT consultant actually supervising the employees that worked for the client, not the consultant.
The question has arisen as to whether the consultant or the client is at risk of violating labor laws.
It seems like your answer would suggest that they are not, but I would just like to see the answer stated in concrete terms.
Thank you for your time.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).