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Legal Articles
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TBurdLaw Distinguishing Volunteers, Interns, Independent Contractors and Employees

I presented at a Savvy CEO networking meeting on October 18, 2013, the purpose of which was to educate small business owners of the differences between volunteers, interns, independent contractors, and employees. The following information was presented:

WHAT IS A VOLUNTEER?

A volunteer is an "individual who performs hours of service for a public agency for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered." 29 Code of Federal Regulations ("CFR") §§ 553.101(a) and 553.104(a). The volunteer must offer his or her services "freely and without pressure or coercion, direct or implied from an employer." 29 CFR § 553.101(c). This means that a for-profit business cannot ask a student to "volunteer" to work for it.

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October 25, 2013
 

TBurdLaw Can a Landlord Evict a Tenant for Smoking Pot?

Maybe, but it's not so easy...


Conflicting marijuana laws at the federal, state, and local levels have created uncharted legal territory across numerous areas of law including landlord-tenant law. This article addresses whether a landlord can legally and successfully evict a tenant for smoking marijuana; just how protected are a pot-smoking tenants rights?

Right to Evict

The first issue to consider is whether the landlord has the right to evict. The specific type of lease addressed here is a fixed-term residential tenancy. Tenancy at will or month-to-month tenancies are less applicable because a landlord generally need not have cause to evict a month-to-month tenant. In contrast, a fixed-term lease (e.g. 1 year lease) contractually binds the landlord and the tenant for the amount of the term. Terminating that fixed-term lease prematurely constitutes a breach of contract.


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June 28, 2012