Hidden in Plain Sight: Statutory Employees

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INTERVIEW ON THE PRICE OF BUSINESS SHOW, MEDIA PARTNER OF THIS SITE.

Recently Kevin Price, Host of the nationally syndicated Price of Business Show, interviewed Tamara Kurtzman.

The Tamara Kurtzman Commentaries

In 2018, the California Supreme Court overturned nearly three decades of precedent when it adopted the “ABC” test for classification of independent contractors. In 2019, AB 5 was signed into law in California codifying and expanding this “ABC” test. While most employers are now familiar with this test, they often are unaware that a worker not otherwise considered employee under the ABC or other applicable test may nevertheless be a “statutory employee” by law. The job of a statutory employee cannot be performed by independent contractors; instead, the law mandates that any worker who performs these jobs under the circumstances described is necessarily deemed to be an employee. For an employer, mislabeling a worker as an independent contractor creates a host of serious potential liabilities for, among other things, possible employment taxes and penalties, and for a violation of California’s wage and hour laws, workplace safety laws, and retaliation laws.

Ms. Kurtzman received her undergraduate degree from the University of Chicago, with honors, and subsequently graduated cum laude from Case Western Reserve University School of Law where she received her juris doctor. While attending Case Western Reserve University School of Law, Ms. Kurtzman served as both an associate member and, subsequently, as Editor-In-Chief of The Internet Law Journal.

Before founding TMK, Ms. Kurtzman served as a partner in a California general-practice law firm specializing in corporate representation where she co-chaired, among other divisions, both the firm’s commercial contracts and litigation practices. Ms. Kurtzman has been featured in:

  • The Wall Street Journal
  • The Los Angeles Business Journal
  • Bloomberg News
  • Law360
  • The Daily Journal
  • Los Angeles Lawyer
  • Inside Counsel
  • Westlaw’s Sports & Entertainment Journal
  • The Beverly Hills Courier
  • Backstage
  • The ABA Journal
  • The Hollywood Times
  • Business Law Today
  • The Journal of Internet Law
  • Corporate Counselor
  • Price of Business

In 2012, Ms. Kurtzman was named one of 50 attorneys on the “Fast Track” to becoming the country’s top lawyers and leaders. In 2013, Ms. Kurtzman was inducted into the Beverly Hills Bar Association’s Order of Distinguished Attorneys. In 2017-2021, each year Ms. Kurtzman was selected to SuperLawyer’s Southern California Rising Stars list; each year, less than 3% of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Also in 2019, Ms. Kurtzman was named one of the Up-and-Coming 50 Women Southern California Rising Stars by SuperLawyers. In 2015, Ms. Kurtzman became one of the youngest adjunct law professors in the state and, over the years, Ms. Kurtzman has taught pretrial litigation practice and business organizations to numerous classes of law school students. In both 2023 and 2024, Ms. Kurtzman was selected to SuperLawyer’s Southern California Super Lawyer list which recognizes the top 5% of attorneys in each state.

Born and raised in Los Angeles, California, in her spare time Ms. Kurtzman practices Krav Maga and is an avid sabre fencer and bagpiper. Ms. Kurtzman also serves on the Board of American Family Housing, an organization providing long-term housing solutions for formerly homeless veterans and families.

Learn more at www.tmkattorneys.com.

 

Connect with Tamara Kurtzman on social media:

LinkedIn: https://www.linkedin.com/in/tamara-kurtzman-2b540615

 

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