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Questions Answered by Nathan Wirtschafter
3 Answers | Asked in Employment Law and Collections for California on
Q: I'm an independent contractor massage therapist. The spa owner is 2 months behind with payment. How do I get paid?

The spa owner said she would pay what is owing when her divorce settles, and money is released from an escrow account. I've been waiting for about 2 years. The spa owner claims not to have the money when I've asked repeatedly to be paid. I need options to compel the owner to pay what is owed.

Nathan Wirtschafter
Nathan Wirtschafter answered on May 21, 2020

On January 1, 2020, California enacted AB-5, which outlines various standards under which workers are either independent contractors or employees. (However, most of these standards were in effect at least as far back as April 2018.)

My concern is that you and the other “independent...
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2 Answers | Asked in Employment Law for California on
Q: I am a resident of California. This is about non-competition restriction which the employer requires me to sign.

The restriction reads as follows and i want to know if i can really face charges in case i perform 'similar services' to another company:

"During your employment with XYZ, you shall not, without the prior written approval of XYZ, provide or perform services, in any capacity... Read more »

Nathan Wirtschafter
Nathan Wirtschafter answered on May 11, 2020

Business and Professions Code section 16600 generally outlaws non-compete provisions taking effect after an employee leaves his employer.

On January 21, 2020, the California Court of Appeal, Second District, published an opinion entitled Techno Lite, Inc. v. Emcod, LLC, (2020) 44...
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1 Answer | Asked in Business Law and Contracts for California on
Q: Does a company have to pay a contracted employee if the company releases them from their contract?

The terms of the contract were for a multi-year deal to perform continuously for 750,000$ spread out monthly over 2 years. The "employee" in this case is listed as an independent contractor

Nathan Wirtschafter
Nathan Wirtschafter answered on Apr 21, 2020

There is not enough information posted to answer the question. The IC's rights and obligations are governed by the terms and conditions in the agreement, as well as the performance of the contract. You should: (1) gather all the relevant documents, including: contract, communications... Read more »

2 Answers | Asked in Real Estate Law for California on
Q: My neighbor has been cutting my trees. Is it legal to put no trespassing signs facing their backyard? I’m in CA.

I have put a brick wall and a trellis to prevent any foliage to fall into their backyard. However, he has still been cutting our trees within and far beyond our shared fence line. I have put up “Beware of Dog” signs and “No Trespassing” signs on the fence, but he spray painted over them. We... Read more »

Nathan Wirtschafter
Nathan Wirtschafter answered on Apr 24, 2020

Civil Code section 3346 provides for treble damages for unlawfully cutting down trees, if the trespass was intentional, and double damages if the trespass was unintentional. The California Supreme Court, on February 20, 2020, just issued a decision on this issue. (Scholes v. Lambirth, (2020) 8... Read more »

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