With August now concluded, and with it the unofficial end to the
summer vacation season, we thought it would be useful to review two
areas of law that we frequently see being relevant to our Israeli
clients who have operations in the United States. The first is
an employment law topic that is a common source of error,
especially for overseas companies with U.S. operations. The
second topic is when a contract's choice of law will be
respected by the Courts.
When Can Someone Be Classified an Independent Contractor?
On a fairly routine basis, our clients from Israel approach us
about bringing a new person on board, and tell us that the parties
have agreed the new person will be treated as an independent
contractor. The classification of a worker as an independent
contractor has nothing to do with what the parties have
agreed. Rather it is a factual test. It should be
remembered that this is both a State law question and a Federal
(United States) law question. Thus an