Advising San Diego Medical Businesses – Employee Misclassification

Advising San Diego Medical Businesses About Employee Misclassification

Are you searching for attorneys with experience in advising San Diego medical businesses about employee misclassification risks?  How will the recent Supreme Court ruling affect San Diego medical corporation and healthcare related businesses?

California and San Diego medical professional corporations and healthcare businesses are struggling to understand the implications of the recent Supreme Court ruling upon their employment contractual and independent contractor relationships with physicians and other medical professionals.  This recent landmark decision forces all healthcare business entities to review existing business strategies and independent contractor agreements with physicians, dentists, nurses, technicians and other medical professionals.  If your medical or healthcare related entity uses 1090 workers we invite you to review the strong recommendations of our clients and the legal industry and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation to begin conversations about coming into compliance with new misclassification related laws.

You will need a law firm with a proven track record of advising San Diego medical businesses about employee misclassification in San Diego and Southern California. This new law establishes two game changing developments which will have a tremendous impact on 1099 workers in San Diego and throughout California.  The first is the establishment of the legal presumption that all workers in California are classified as employees unless the employer can prove they meet the new ABC test and qualify as an independent contractor.

The new ABC test requires California medical businesses and healthcare organizations with 1099 workers to prove:

A.  The worker is free from control and direction over performance of work, and

B.  The work provided is not part of the core business services or offerings of the entity, and

C.  The worker is engaged in an independently established business

The conflicts for protecting San Diego medical businesses from assertions of misclassification by California and federal labor agencies and the workers themselves become readily apparent.  Medical practitioners and professionals are reliant upon outside entities to schedule appointments and make referrals.  The services provided to any medical business or healthcare entity are almost always a part of the core business offering or services of that entity.

These are challenging times in the healthcare and medical business industry, requiring a law firm with decades of experience advising San Diego medical businesses about employee misclassification and other healthcare related legal issues.