I often start a discussion of business law with a basic observation: business is the art of taking risks. If you do not know the risks, then you are merely exposing yourself to such risks. If a risk is known, it can be hedged through legal means. The rule of law is the civilizing influence. Inherent in an effective and fair rule of law is the requirement of due process. That is, the law must be predictable in order to be fair.
In employment law, one of the most elementary issues is, “Who is the employer?” This seemingly simple question is receiving an increasingly complex (and often confusing) answer as various governmental agencies and courts attempt to construe the nature and extent of the employment relationship in the context of enforcing the impositions of governmental laws and policies on employers.
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