Announcing Whiteboard Wednesdays!

White Board Wednesday Post
Starting today!  On Wednesdays, I will write about topics that readers have posted on my physical whiteboard in my McLean office, or on my virtual whiteboard by emailing me. Please let me know if there’s anything you want me to write about. Please note that I’m not providing any legal advice on this blog—Wednesdays or any other day.
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What’s the Difference Between Independent Contractors Versus Employees?

Corporate, Entrepreneurs, Labor, White Board Wednesday Post
Are you deciding whether to hire employees or independent contractors (also referred to as consultants)? Are you deciding whether you want to be an employee or independent contractor? This is one classification you want to get right the first time. While your situation may not lead to a class action and make national headlines—keep in mind the likelihood that the first NFL cheerleader who raised the issue predicted it would lead to nationwide class actions by other cheerleaders and legislation in at least one state to protect their labor rights (more here). In launching “Whiteboard Wednesdays,” I chose a topic that found its way on both my physical and virtual whiteboards—why do companies often want to hire independent contractors rather than employees? What’s the difference between the two? It’s not…
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Nominations to the U.S. Supreme Court: Why Should You Care About Textualism?

Constitutional Law, SCOTUS
In launching my blog, I thought a befitting first post is to explain what textualism is and why people should care about it (especially with a looming appointment to the Supreme Court of the U.S. ("SCOTUS" for short), and the recent nomination of DC Circuit Judge Merrick Garland—not a textualist). Coincidentally, I’m also paying tribute to one of the most brilliant legal minds of all time, and a man and jurist whom I admire: the late Justice Antonin Scalia. Upon his passing, there was an avalanche of articles stating that textualism was his approach to interpret law (also referred to as a type of originalism). While many articles were peppered with the word “textualism,” deafeningly absent was that this approach is vital to the survival of democracy. While this omission…
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