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Determining Law Firm Employee Classification Through the ABC Test
Law firms have traditionally been large consumers of contract labor for a variety of purposes. Such positions often include of-counsel attorneys, discovery attorneys, investigators, and temporary workers of all sorts that are engaged to work on a specific matter. These workers are traditionally classified as independent contractors, issued a 1099 and treated as ineligible for employee benefits.
In recent years, many states have started to adopt the "ABC" test to determine whether a worker should be classified as an independent contractor or an employee. Under the ABC test, there is a general presumption that all workers are employees and that only workers who are performing tasks outside the general course of the employer's business should be considered independent contractors. Under the ABC Test, a contract attorney hired to work on litigation by a law firm must be classified as an employee, but a plumber who is called in to fix the restroom remains an independent contractor.
In conjunction with the adoption of the ABC Test, states impose severe penalties for misclassifying employees as independent contractors.
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Overview of Regulatory Guidance Governing the Use of AI Systems In the Workplace
Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. This article provides an overview of the federal regulatory guidance and the state and local rules in place so far and suggests ways in which employers may wish to address these developments with policies and practices to reduce legal risk.
Is Google Search Dead? How AI Is Reshaping Search and SEO
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For decades, the Children’s Online Privacy Protection Act has been the only law to expressly address privacy for minors’ information other than student data. In the absence of more robust federal requirements, states are stepping in to regulate not only the processing of all minors’ data, but also online platforms used by teens and children.
Revolutionizing Workplace Design: A Perspective from Gray Reed
In an era where the workplace is constantly evolving, law firms face unique challenges and opportunities in facilities management, real estate, and design. Across the industry, firms are reevaluating their office spaces to adapt to hybrid work models, prioritize collaboration, and enhance employee experience. Trends such as flexible seating, technology-driven planning, and the creation of multifunctional spaces are shaping the future of law firm offices.
From DeepSeek to Distillation: Protecting IP In An AI World
Protection against unauthorized model distillation is an emerging issue within the longstanding theme of safeguarding intellectual property. This article examines the legal protections available under the current legal framework and explore why patents may serve as a crucial safeguard against unauthorized distillation.