Introduction When outsourcing work, it’s important that the worker is classified as an independent contractor and not an employee because the latter makes the employer liable for employee’s benefits, worker’s compensation insurance, taxes, vacation pay, etc. Generally, the more control the hiring party has over the worker, the higher likelihood such worker will be considered an employee. Read more on…
Read MoreEvery day, software developers around the world find themselves tasked with creating solutions to problems that might already have been addressed elsewhere. However, the existence of prior work doesn’t grant carte blanche to use that material. Indeed, developers often face contractual limitations in the form of non-disclosure agreements (NDAs), confidentiality…
Read MoreInfluencer marketing has become an essential part of many brands’ marketing strategies. However, without ironclad contracts, brands and agencies risk wasted budgets, noncompliant campaigns, and damaged reputations. As an experienced attorney in this space, I frequently assist clients in drafting and negotiating influencer contracts that protect all parties involved. In…
Read MoreWhen entering into a freelance contract, one of the crucial aspects to consider is who owns the work product. In the world of freelancing, this aspect can sometimes be complex and misunderstood. In this article, we’ll explore the specifics of Upwork’s terms of service with a focus on understanding the…
Read MoreWhen you hire a freelancer on Upwork, several confidentiality provisions govern the relationship and the work product. Understanding these provisions is crucial for both clients and freelancers to maintain a successful and legally compliant working relationship. Upwork User Agreement Section 3.3 The foundation of Upwork’s confidentiality provisions is found in…
Read MoreIntroduction Running a successful accountant consultancy firm involves more than just knowledge of accounting. One must understand and navigate the complexities of legal agreements to protect the interests of the firm and its clients. This post will discuss the critical legal agreements that every accountant consultancy firm should have, offering…
Read MoreIntroduction In the dynamic and ever-evolving world of startups, internships can serve as a critical pathway for acquiring fresh talent and driving innovation. Interns, often college students or individuals transitioning to a new career, bring a fresh perspective and unique ideas that could become the driving force of a startup’s…
Read MoreIntroduction In today’s rapidly evolving professional landscape, the traditional 9-to-5 job is being complemented, and sometimes replaced, by more flexible, autonomous forms of work. At the heart of this transformation is the rise of the independent contractor. From creative freelancers and IT specialists to music instructors, the gig economy is…
Read MoreIntro In the ever-evolving world of business, contracts are a crucial element in safeguarding the interests of all parties involved. Among the numerous clauses and terms you might find in a business contract, a ‘money-back guarantee’ is one that stands out due to its direct influence on the financial aspects…
Read MoreIntroduction Overtime exemptions play a significant role in determining employees’ compensation and rights in the United States. Both federal and state labor laws, such as the Fair Labor Standards Act (FLSA) and California labor laws, govern these exemptions. A key aspect of these regulations is the classification of employees as…
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