Covid-19 has made many of us reconsider the importance of workplace practices that protect our health and the health of everyone we work with. Employees should not come to work while sick. Staying at home allows them to take care of themselves and protect their coworkers. Sick leave makes it easier for employees to do this and is an important element of ensuring a healthy and happy on-set environment.
There are two areas in this arena that are often misunderstood: meal breaks and overtime pay. These might not be sexy topics and the rules governing them can feel foreign and cumbersome in the context of on-set work culture, but staying compliant in these areas is incredibly important.
Employment law is complicated. Nothing better encapsulates this than the Borello test, a long series of questions that, depending on what business you’re in and assuming that you’re addressing a situation where the ABC test does not apply, determines whether a worker may be classified as an independent contractor.
Although it’s tempting to wish for a one-size-fits-all answer that magically determines whether a worker, or a group of workers, is classified as an employee or a contractor, it’s important to remember that all three parts of the ABC test must be considered when determining classification as each part must be satisfied to classify a worker as a contractor.
At OOTB, we treat the stylists, assistants, tailors, and PAs who we payroll on behalf of our clients like members of our own team. We are honored to share some kind words from some of these folks!
