Karin TurnerYour trusted HR/Employment Law Consultant. ER/ADA
Bio

HR Management and Compliance consultant; ADA/FMLA/OFLA/PLO, employee relations, workplace accommodations, performance management and corporate compliance.


Recent Answers


While I cannot give legal advice, I can provide you with the following helpful procedural tips:

1. Check your local court rules or ask the clerk:
Different courts have specific procedures and forms, so it’s important to verify what exactly is needed. Commonly, the next steps might include:
Request for Case Management Conference (CMC) or Pre-Trial Conference:
This is a hearing where the court sets deadlines, discusses discovery, and schedules trial dates.
Notice of Motion or Application:
If you want the court to make a ruling on something (e.g., summary judgment, or compelling discovery), you file a motion.
Request for Trial Setting or Trial Readiness:
You may need to file a form notifying the court you are ready to proceed to trial.
2. Typical form names or filings after reply to defense:
Case Management Statement / Conference Form
Request for Pre-Trial Conference
Notice of Readiness for Trial
Motion for Summary Judgment or Default Judgment (if applicable)
3. If settlement efforts failed:
Inform the court that settlement was attempted but unsuccessful (sometimes this can be noted in your Case Management Statement).
Proceed with scheduling the next steps toward trial.
What you should do now:
Contact the court clerk or check the court’s website for the exact forms and instructions.
File a Case Management Statement (or equivalent) to move the case forward.
Prepare for the Case Management Conference (if scheduled).
Continue gathering evidence and preparing your case.

Happy to help further.


Here is what you need to know. I am happy to consult with you on this further and work up, design and help you implement this restructuring. This would include consultation, drafting communication templates or employee agreements tailored to your industry and answering any additional questions you may have about the steps I have outlined below. Good luck! California is tricky!

1. Understand the Law (most important) always try to consult with an attorney, if possible.— ABC Test

California’s law presumes workers are employees unless you prove all three of these conditions:

(A) The worker is free from your control and direction.
(B) The work is outside the usual course of your business.
(C) The worker is engaged in an independently established trade or business.

If these aren’t all true, the worker must be classified as an employee.

2. Audit Your Current Contractors
Review contracts, job roles, and how work is assigned.
Identify contractors who do work integral to your business or under your direction.
3. Plan the Transition

Decide which contractors must become employees based on the ABC test.

Determine appropriate job titles, pay structures (hourly or salaried), benefits, and policies.

4. Create Employee Agreements and Onboarding
Draft new employment agreements covering wages, hours, benefits, confidentiality, and company policies.
Set up payroll with tax withholding, workers’ comp, and benefits enrollment.

Conduct onboarding like any new employee — training, paperwork, etc.

5. Communicate Clearly
Explain the changes to affected contractors clearly and professionally.
Highlight benefits like protections, benefits, and stability.

6. Adjust Internal Policies

Update your HR policies to reflect employee status (leave, accommodations, discipline).
Ensure time tracking and payroll systems are in place.

7. Monitor Compliance
Keep up with California labor law updates and consult legal or HR experts as needed.
Bonus Tips
Consider hybrid models where possible (e.g., part-time employees or casual workers).

Use written contracts that clarify control and independence for remaining contractors.

Avoid “misclassification” fines by erring on the side of employee classification when in doubt.


Contact on Clarity

$ 1.00/ min

N/A Rating
Schedule a Call

Send Message

Stats

2

Answers

0

Calls


Access Startup Experts

Connect with over 20,000 Startup Experts to answer your questions.

Learn More

Copyright © 2025 Startups.com LLC. All rights reserved.