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When Partnership “Members” Are Employees

Last week, I wrote about how AB 2883 changes the definition of “employee” vis-a-vis corporate directors.  See Is A Corporate Director An Employee Subject To Workers’ Compensation?  AB 2883 also rewrites the definition of “employee” for purposes of partnerships and limited liability companies.  Effective January 1, 2017, an “employee” for purposes of California’s workers’ compensation law…

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Is A Corporate Director An Employee Subject To Workers’ Compensation?

  Corporate lawyers tend to believe that directors and officers are not ineluctably employees.  Thus, it may come as a surprise that California’s workers’ compensation law has for some time defined an “employee” to include officers and directors: All officers and members of boards of directors of quasi-public or private corporations while rendering actual service…

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Indemnification And The Circle Of Litigation

An employee sues his employer for, among other things, violations of the California Labor Code.  The quondam employer responds with a counterclaim against its erstwhile employee claiming that to the extent it is liable, the employee is partially liable for creating that liability.  The employee responds with a reply counterclaim seeking indemnification based on Section…

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