LegalEagle Answers Thomas Frank’s Questions About Business and LLCs – Real Law Review

LegalEagle Answers Thomas Frank’s Questions About Business and LLCs – Real Law Review

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– This episode of Legal Eagle was made possible by Skillshare, learn to think like a lawyer
for free for two months by clicking the link in the description. (dramatic string music) Hey Legal Eagles, it’s
time to think like a lawyer and I am incredibly
excited to be coming to you live from VidCon in
this ridiculous mansion that I wish I could show you more of, because it’s just absolutely insane. And luckily we have one of
my personal favorite creators and probably the greatest
productivity expert on YouTube in this day and age, and that is Thomas Frank. Thomas, thank you so much for being on “Lawyer Interviews YouTubers and Answers Their Legal Questions”, so thanks for being here.
– Yeah, no problem. I can’t believe you called
my house insane though. – You know, you have a
very interesting style. One might call it Trump-esque. (laughing) – I’m really rich! – Yeah, VidCon just
brings a lot of craziness. – Well, so, why don’t you tell some of the Legal Eagles out there a
little bit about your channel, because I think a lot of
people could really benefit from the kind of stuff
that you are an expert in and you talk about all
the time on your channel. – Yeah, so, primarily I
focus on academic success and productivity. It’s not just for students anymore, but it definitely started off
as a student-focused channel. Originally it was all
College Info Geek branding which is my website, and as time went on I
realized high school students, middle school students, teachers, young grads, all kinds of
people were watching the videos and I moved out of school I realized a lot of the same techniques we use to learn effectively in college translate to being an effective employee or an effective entrepreneur,
or what have you. So now, it’s kind of hard to describe
exactly what my channel is, other than to say I help
people become more capable, whether it’s getting the career they want, building their financial base
and becoming self-reliant, or just improving the way that they learn and get things done. – Yeah, I think that’s a
great way of describing it. It’s impossible to go to your channel and not become a more efficient
and productive person. So I definitely recommend
everyone check out your channel. I understand that you are a
business person, yourself, and that you have taken some
of the tools and systems that you created for college and have turned that into a whole business in and of itself, right? – I am a business, man. (laughing) Yeah, I’ve, we’ve got I think seven people
on the team right now, so it’s kinda crazy, y’know. This business literally
started in my dorm room during a summer job and now it’s seven people,
five of which are in Denver and then we got a couple
of remote contractors. So it’s been a wild ride, and there have been many nights staying up Googling, y’know, esoteric legalese to figure out if I’m doing things correctly or not, and I hope I am, but… – Well, let’s take this
opportunity to talk about some of the sort of general things that either you or people in your
situation have come across? – Yeah, I’ve actually got
a couple of things in mind. So the first one I wanna talk about is working with contractors. Because I work with an editor now and he works nearly full-time with me though he may be takin’
on some extra contracts here and there, on the side. I’ve got a few other people who work nearly full-time, and
then a few people who work just a few hours a week. And what a lot of people
always ask, when they start, y’know, working with editors,
working with contractors is what defines a contractor
who’s independent from an employee? And, I mean as you know,
there are many differences from the businessperson’s perspective, an employee, you have to provide benefits, you have to provide a
whole host of other things, you got payroll going, and with a contract it’s, it’s really just, y’know, a
1099 at the end of the year if you’re American, and, y’know, either a handshake agreement or a written contract and
that’s kind of it, so, from the perspective of the
person running the business, it’s a lot easier to do the
contractor route, right? – Often, yeah, and I think you hinted at some of the repercussions
that come as a result of making that distinction between someone that you’re working with and saying that they are
an independent contractor versus an employee. There are of course the benefits
that you have to deal with, but there are all kinds
of legal protections that are afforded for employees that are not afforded to
independent contractors and there are tons of
tax implications, too. And I wish I could give you
a really satisfying answer that here are the three
things that you must do, but unfortunately, in most states and under the federal government, as well, there are tons of different standards depending on which jurisdiction you’re in, and on top of that, almost
all of the standards have dozens of different
questions that you have to answer in terms of weighing one way or the other, and there’s no bright line. Under the federal
guidelines, the US government tends to break it up into three sections, there’s behavioral control, there’s financial control, and then there is the relationship itself. And you’re just weighing a
bunch of different factors, so in terms of behavioral control, if the employer, whether
you’re employing an employee or an independent contractor, has the right to define how
the person does their work, that leads to more of an employee than an independent contractor, whereas if the person
who is doing the work can control the manner in which it’s done, if they use their own tools, if they have the ability to start and stop whenever they want, that’s more indicative of
an independent contractor versus an employee. On top of it, there is a question of can they be fired at any time, or if they have to stay for
the duration of the job. And ironically, if you have the
right to fire them whenever, that’s more of an employee relationship. Yeah, if you have the
right and the obligation to finish the job, that’s more of an independent contractor, because generally the
independent contractor is more of a person who is hired for a specific job. And that leads to some of
the financial considerations, is the second overarching question, including the financial
control of the worker. If the worker has the
ability to make decisions that will affect the profitability
of that specific job, that is more of an independent
contractor, so, like, someone like a video editor, for example, they could choose to work
all night and get a job done or they could choose to
work whenever they want and those are decisions that
can affect the profitability of the job. – Which makes them more of a contractor? – Correct, correct. And, y’know, the big one,
traditionally, has been are you allowed to work with other people. So, part of the classic
independent contractor is like a plumber that owns Bob’s
Plumbing Company and, he might work with you and he
might work with a whole bunch of other people, and that kind of financial
freedom is something that is indicative of an independent contractor relationship. We think of employees as having one job, you show up nine to
five, you get a salary, and you can’t work for anybody else, you’re not really supposed to moonlight. Whereas an independent
contractor is generally someone that can work on their own hours, can work for whomever they want, and are, they’re paid
by the job instead of, y’know, a salary. – Now I do have a question there. – [Host] Sure. – Is that determined on whether
or not they have the option to work with other clients or whether or not they literally are? So say, y’know, I’ve
given someone a contract that effectively buys up all of the time that they would be
willing to work normally, but they still have the freedom
to work with somebody else if they have the time or if they wanted to work 80
hours a week or something, that could still be a
contractor situation, right? – Yeah, that’s a great question. And for the most part, it
is based on their ability, not the actual, on the ground status quo
of what has happened, so it is the ability to work for other people and not just whether, y’know,
they have actually gone out and gotten other clients
or have chosen not to. So, for the most part an
employee is someone that doesn’t have the ability
one way or the other, they are stuck with their employer and then that goes right to
the nature of the relationship, which is the third thing that the IRS and the federal government looks to, which can be defined by
things like the contract. Just because you write in
the contract with someone that they are independent
contractor or an employee, that’s not dispositive, but it’s certainly good
evidence one way or the other, because we like to sort of
reward the meeting of the minds and we assume that if
you signed the contract that you have agreed to those terms and that’s good evidence
that you have agreed to that particular relationship. And of course, y’know, the law is what it is. So, just because you’ve
written it in a contract doesn’t mean it’s true. But, y’know, it helps to
define that relationship. – Yeah, exactly. – And then classically,
along with that relationship is the question of benefits. And if you provide them to the worker then that is another piece of evidence that they are an employee rather than an independent contractor. – So if you start providing benefits, out of the goodness of your
own heart, or something, that would actually start to move you into that employee classification? – No good deed goes
unpunished in the legal world. (laughing) Yeah, that is, that’s
definitely how it can go. – Okay, so I have one final
follow-up question for you, and this is for people who
just, working on their own, maybe they have contractors,
maybe they don’t, but I would say the majority
of YouTubers out there are sole proprietors. At least, the ones in the US, or maybe there’s an equivalent overseas, but, y’know, you are the business. You are a business, man. So the profit of the
business is your paycheck and that’s kind of all there is to it. So, for those people, what is the benefit of establishing LLC or some other kind of, like,
legal entity for your business that separates you from it? – Yeah, it’s a great question, and there are a lot of myths about it. It’s really fairly simple, because, as you say, as a sole
proprietor, if you incur a debt on behalf of your company,
or you do something wrong and you incur liability for
a contract or some torte, the person who’s been wronged
can come after you personally. So the point of having an entity at all is to shield liability so that
if someone files a lawsuit they can get all the assets of the company but they can’t come at you
and your personal assets. And so that can be a very important thing, it’s effectively a type
of insurance, to make sure that there’s a barrier
between what your company does and what happens to you. And traditionally,
historically, in order to get that kind of protection, you had to form a regular corporation. Which was taxed when profits
come in to the company and then taxed again when
you take those profits out and you take a salary as individuals. – Yeah, double taxation-based. – And that is a very American thing. Ironically, a lot of
European countries don’t have quite that double system
of double taxation and one thing that most states have done is created sort of a hybrid
system which is an entity that provides some liability insurance but from a tax perspective, you don’t have to pay double
taxation and it’s called, what’s called a pass-through. So, the profits come into the company, they aren’t taxed at the company level, but the taxes at the end of the year are considered your personal income. And so you will pay personal income taxes on the profits that come to you. So from a creator perspective, the reason you might wanna create a LLC is to shield yourself
from potential liability from crazy people that
are out there, or y’know, maybe lawsuits that you might get into. It allows you to have that
same kind of legal protection while only paying taxes once as income tax when it comes to you. – [Thomas] So financially, you’re still, you’re still the business, essentially. But legally, you are not. – Exactly, exactly. – Now, I’ve heard that it’s a myth that that liability protection is bulletproof. – Yeah, that is definitely the case. When you form an entity,
whether it’s an LLC or a corporation, what generally
businesspeople need to do is they need to have a
separate business account and you have to be very careful about separating all of your business things from your personal things. Because there’s a
concept in the law called piercing the corporate veil, where the court will say “You’re not really two separate things, you’ve mixed your own money
with the corporation’s money and as a result we’re going to
disregard the corporate form and we’re just gonna go
after you in particular”. So, y’know, if you have, if
someone has questions about them there are some really
good resources online that will help you form an
LLC and explain the process but the last thing you wanna
do is go through the hassle of forming an entity only to basically make it null and
void and lose that protection. – Yeah, I know my accountant
told me is have a separate business bank account,
separate personal bank account, and then, up from there,
separate y’know, credit card that you pay with your
personal bank account and then a business credit card you pay with your business bank account, and that also makes the
accounting a lot easier, too, because you can use those apps that just pull in the bank
account statements and automatically just, y’know, reconcile your transactions
for you, essentially. And you’re not picking
and choosing which ones are personal and business. – Yeah, I totally agree,
if the business credit card goes straight to the business account, then really the stuff at the
end of the year is super easy ’cause you just send your
accounting information for your business accounts
to your accountant and they can figure out
all the tax implications right from there. – Yeah, and you’re all good to go. – So, you can’t help but
bring productivity tips wherever you go, Thomas,
everyone is gonna be forming entities and
streamlining their finances. I can’t thank you enough for coming down and dropping some
productivity wisdom bombs on all of us Legal Eagles,
despite our interest in the law and I highly recommend
everyone to check out Thomas’s YouTube channel, this is really
just the tip of the iceberg and Thomas makes everyone
far, far more efficient than when they walked through the door. So, Thomas, thank you so much. – Yeah, and thank you
for the legal answers. (eagle screeching) – [Host] Okay, that’s a wrap everyone, hey, thanks for doin’
this interview, Thomas. You know, Thomas, have you
ever heard of Skillshare? It’s an online learning platform
with over 30,000 classes. I think you’d really like it. Whoa, what’s that? You have a Skillshare class already? It’s called “the
Productivity Master Class: How to Create a Custom System that Works”. It teaches people how to transform their personal and
professional life by creating simple, customized productivity systems? Yeah, I guess that does sound pretty good. I mean, I guess people
should go watch that. Okay, fine, smarty pants, but did you know that Legal
Eagles will get two free months of Skillshare when you
click on the link below? Well, they do! No, I don’t care if
you have your own code, they should use my code, because clicking on the
URL below really helps out this channel, y’know, the
one that we’re on right now. Y’know, the free Premium
Skillshare membership gives you unlimited access to must-know topics so you
can improve your skills and learn new things. So, y’know, people
should click on the link and get two free months and start learning to think like a lawyer today. Yes, yeah, even you, Thomas Frank, who I am definitely talking
to in real time right now.

100 thoughts on “LegalEagle Answers Thomas Frank’s Questions About Business and LLCs – Real Law Review

  • Jek Saak Post author

    Here in Colorado:

    The presumption is that all workers providing services for an employer are employees. An employer can create a rebuttable presumption that the worker is an independent contractor through a written agreement with the independent contractor that satisfies the requirements of the Colorado Employment Security Act (CESA). The independent contractor factors found in CESA are:

    a) An independent contractor should not be required to work exclusively for a company, although an independent contractor may choose through a written agreement to work exclusively for a company for a finite period of time;

    b) There should not be actual oversight, instructions, or quality standards imposed as to how work will be performed by an independent contractor, other than contract specifications;

    c) An independent contractor should be paid based on a fixed or contracted rate, as opposed to being paid salary or hourly;

    d) An independent contractor should not be terminated during the term of a contract unless the specifications of the contract are violated or not performed;

    e) An independent contractor should not receive more than minimal training;

    f) A company should not provide tools or benefits to an independent contractor, but materials and equipment may be supplied;

    g) The time of performance cannot be dictated, but a mutually agreeable schedule can be established;

    h) An independent contractor should be paid in a business name, rather than personally;

    i) An independent contractor’s business should not be combined with the company it provides services for, and they should remain distinct and separate entities.

    In addition to including the above factors as terms of an agreement, to meet the statutory requirements, it must state in bolded, underlined or larger type that the independent contractor is responsible for its own unemployment insurance benefits, workers’ compensation insurance, and state and federal taxes.

    Even if there is an agreement that meets the requirements of the law, the employer must show the worker was free from direction and control and customarily engaged in an independent business. The burden of demonstrating that a worker is an independent contractor rests upon the employer. The employer may be required to provide proof that includes traditional “business trappings.” Traditional “business trappings” of an independent contractor include a business name, business card, telephone number, company website, advertising materials, certificate of incorporation, business insurance coverage, worker’s compensation insurance coverage, and proof of business registration with the Secretary of State.

  • David Rybka Post author

    I know you normally to big pictures in your reviews but I was wondering if you would like to do a short called final offer. It is about a lawyer being drafted in an interstellar negotiation without his consent by a race that wants to take earth's oceans.

  • The Shane - Shavash Post author

    As we are on the topic of the distinction between independent contractor and employee, I would like to understand how the pro-wrestlers (WWE or otherwise) are still called independent contractor, when the points you discussed are stating otherwise?

  • Matthew Maxwell Post author

    How about title for this video style: "Legal Eagle Interviews."

  • GamingTV Post author

    this youtuber is not a lawyer, do not assume he is either

  • Michael Pope Post author

    Objection! A lawyer friend told me that anyone can sue you at anytime for anything. And any good lawyer will name both the a corporation, executives, directors, and owners. Also, there's no sense in setting up an LLC that doesn't have assets, as any debt you incur will need to be personally secured by the owner's assets (house, property, whatever).

  • NGM Movies Post author

    Idk if anyone saw the Archer season finale, and it probably doesn't warrant a whole legal eagle episode, but what happens if the defendant is as removed from reality as Archer is and doesn't want to plead insanity?

  • Taisen's Cool Stuff Post author

    Hi LegalEagle! I've been reading about how some people such as landlords register themselves as a LLC and I wonder how that is possible

  • Bubbles 105539 Post author

    Can we get a look at Chicago… could rip that apart

  • Tobo McLukewarm Post author

    DJ Stone and Thomas Frank in the same room?? What is this, a cross-over episode??? 😀

  • Jacob Dutkiewicz Post author

    I still think this series should be called "Court Is Now In Session" but that's just me

  • none of your business Post author

    Free legal counsel. Thomas is in luck 😉

  • LegalEagle Post author

    Check out Thomas's productivity course on Skillshare for FREE (using MY link, not his):

  • Darth Vegeta Post author

    Should the legal eagle try to take on the trailer Park boys?

  • Darth Vegeta Post author

    Should the legal eagle try to take on the Vic mignogna controversy?

  • Kip Buxton Post author

    I really like this format, great idea

  • Evan Perkins Post author

    Can you react to The Lincoln Lawyer?

  • Nick Post author

    i swear ive been looking for a channel like thomas’s my whole life and the legal eagle blesses me with the perfect collab

  • Cameron Bowen Post author

    I think it would be really cool if you could react to Adam Neely’s videos on lawsuits in the music industry and his take on the fallacies that he finds!

  • Michael Weiss Post author

    Money cant buy you class… that place is hideous.

  • Tj Sullivan Post author

    Man, with the questions Thomas is asking, it sounds like he’s trying to figure out how he can have someone work for him as a full time job, while still counting him as an independent contractor, to avoid benefits and other obligations an employer would have to an employee. And if that is the case, it seems pretty scummy.

  • Epheros Aldor Post author

    Hah! Loved the advert, so very tongue in cheek!!

  • confusedwhale Post author

    So… That room is in that guy's house?


  • StarvingGeek Post author

    Yeah I work in IT, i avoid the contract jobs like the plague. It's an excuse to use your employees up and throw them away. especially in Virginia

  • StarvingGeek Post author

    Yeah I work in IT, i avoid the contract jobs like the plague. It's an excuse to use your employees up and throw them away. especially in Virginia

  • Edward Greene Post author

    Look at the Disney lawsuit contractor aka the mickey mouse

  • Jacob Klünder Post author

    Suggestion: Looking at the legality of how WWE treats their wrestlers – hired as independent contractors, but treated as employees in many cases. Last Week Tonight has done some pieces on it.

  • Bert Visscher Post author

    9:14 That kind of sounds like Ferengi rule of acquisition #285.

  • The open sandbox Post author

    Would be interesting to see LegaEagle's perspective on the WWE's wrestlers status as contract workers.

  • Cole Richards Post author

    Please do an episode on Carpenter v. Murphy.

  • Broadcast Brandon Post author

    Can we get a real law review on Spy Kids 3D?

  • Extra Mayo Post author

    When will you do a face reveal?

  • Dreaded88 Post author

    Objection you Honour!
    You should've told him the difference between a 'Benefit' versus Beneficial Contract Clauses! If he needs to sort-out between Employee, versus an Independant Contractor, he's gonna' need to know these things!

  • Kevin Batdorf Post author

    9:07 scummy

  • Guttersnipe Pie Post author

    OBJECTION! Please react to the 2007 film 'Fracture' starring Anthony Hopkins and Ryan Gosling. Ryan plays a lawyer who saves the day with his legal knowledge, if that entices you.

  • Yoloa XD Post author

    Day 1 of making LegalEagle play Phoenix Wright: Ace Attorney

  • Jim Mulvaney Post author

    What sources can you recommend for sorting out your LLC? because I have an LLC as an independent web developer, but I struggle to keep a separate business account and boy does it get messy at the end of the year. I also have a CPA for my taxes but again it still gets very convoluted when dealing with the IRS.

  • Jonathan Rivlin Post author

    Objection. Your answer regarding employee vs contractor only considered federal rules (though this was only a 15" vid and this topic could easily fill a full seminar). It's important to consider each state's unemployment insurance rules as they have different definitions on this. Often times, a business will get a surprise field audit from a state agency looking for worker misclassification issues. Additionally contractors that are individuals are usually covered under the client's worker's comp policy. Another vector of liability is that a contractor can file a form SS-8 with the IRS to be reclassified as an employee.
    In the case of the person on the video with the editor that is doing more and more work for him; sounds like the pendulum is swinging back over to the employee side, based on what was discussed here, without seeing other facts.
    Additionally, contractors that are individuals, partnerships or LLCs taxed as the above should complete a Form I9 – is not just for employees.
    There is an alphabet soup of federal and state agencies looking at worker misclassification and wage theft. For this reason, document everything.

  • Idiot Online Wondering Aloud Post author

    If you mute the voice-over at the end, it looks like two guys watching footage of someone that took one to the plums.

  • Tom Franco Post author

    He has my name, but in English.
    Tomás Franco = Thomas Frank

  • Stephan Fenris Post author

    This was Helpful, Thanks!

  • Brendan Cobb Post author

    Could you make a video on youtube copyright laws? One of my favourite youtubers has just had over 200 videos claimed from as far back as 7 years ago for a 15 second music clip hes been using as an outro. The clip isnt even an original, its an instrumental remix with no original parts that he got permision to use. Is this legally justified?

  • Not Important Post author

    As soon as the term "Independent Contractor" came up, i thought of WWE. Get Legal Eagle on their ass.

  • Daniel Westerling Post author

    Could you do a video on Red Flag laws, what probable cause is, and how they relate? It's my understanding that PC is required for a restraining order (which red flag laws seem to be based on), and a lot of the objection to red flag laws is the lack of "due process" in them.

  • Author Alys Marchand Post author

    When I still worked in tech, I was classified as an independent contractor. I had no control over the manner of work, the software used, nada. Well, nada, unless you consider I could choose if I wanted to come in at 8 or 9. Tiny bit of leeway there, except Wednesdays, when I had to be there at a certain time for department meetings at 8. The work was ongoing. There was no specific assignment, such as "build/do this one thing," nor was there a contract term, such as doing the job for six months while someone was on leave, and then they'd do the ongoing job. I couldn't work for anyone else.

    Shortly before my job was outsourced to Moscow (internet security analysis…and I trained them not knowing they were my intended replacements), a bunch of people found out a couple others and I were categorized as ICs. And the outsourcing came quickly. Called in for a meeting at 11, had until noon to be packed up and out. A bunch of others followed, all of them people who worked on training the Russians our jobs were being sent to.

    None of my co-workers had any idea, not even my boyfriend who was an employee there as well, several tiers above me, but not in my direct line. They weren't too happy finding out that I didn't get paid a dime when the company closed for Christmas, didn't get benefits, etc. They also found out that's why I didn't participate in the summer company picnic or holiday party or fun events at the office or the daily catered lunches or company events at Giants games or field trips or anything else. As I was boxed in as an IC, I wasn't allowed to. Employees only. That really sucked when I had to hear about people getting excited about events, memos being sent around, or had to smell the catering I wasn't a part of. It was actually embarrassing knowing everyone knew how much less I was valued (they didn't know that I was paid just 60% of what my fellow ICs, doing the exact job as me, with equal skills, made, and that led to a couple quitting since the company couldn't bump up my pay).

    This was 12 years ago now. I haven't worked for anyone else since, and instead have a small business. But I'm still very bitter about so many things at that company. The company ended up selling for ten figures, and are now a client of my husband's company.

  • Numbzie Post author

    Hey Legaleagle could you talk about false advertisement and why a lot of these games aren't getting hit with massive lawsuits? For instance the game Anthem, they gameplay of a totally different game, one that does not exist before releasing their game. The event that was supposed to come out in the first month has still not come out and probably never will (definitely never will in the way that they showed it in the trailer) and many other problem. I've been scratching my head trying to figure out how these companies are able to get away with blatantly lying to their customers and raking in the cash

  • Hinu Hyuga Post author

    I still love these videos. For something so boring as the law, you make it entertaining.

  • Thomas Frank Post author

    Thanks for visiting my giant mansion dude!

  • raw trout Post author

    is he a real lawyer tho?🤔

  • U1TR4F0RCE Post author

    One question about the whole financial thing if you have 2 seperate accounts is it that the revenue of the company goes to the buisness account and a salary that you decided goes to your personal account? Since otherwise it seems kind of complicated on how a self employed person would get money for their personal account if the money for the buisness goes to the buisness account first?

  • Scott Settles Post author

    “… contractor… just a 1099 if you’re American.” So much fail. I’m disappointed this nonsensical statement wasn’t corrected.

    The federal income tax is imposed upon certain persons engaged in privileged activity. After all, the income tax is an excise… excise means privilege. More specifically, it is imposed upon foreign persons with domestic source income and U.S. citizens with foreign source income.

    The U.S. entity, a U.S. person as noted on the 1099, in possession of the income belonging to a foreign person may be held liable for the tax if it is not withheld before handing it over to the foreign person. How do we know this? The very definition of a Withholding Agent tells us.

    “Income” is not “all that comes in”.

  • Erik Throne Post author

    To think he could’ve just consulted a tax/transaction attorney seriously was he this cheap?

  • John Pappan Post author

    No tie? Quit imitating Dave Rubin! Jk

  • Henrik Andersson Post author

    No indochino ad? When the guest shows up in a t-shirt? For shame.

  • BotJockey Post author

    Not “supposed to” have more than one job, kind of like how medical insurance is “supposed to” cover expenses. Sometimes things don’t work out like they’re supposed to, sadly.

  • Matt Fortman Post author

    You need to react to the tv episode "The Girl In The Fridge" from Bones

  • JeffthaJuggalo Post author

    Don't know if this is the right place. But as a bouncer i have to ask, are we legally allowed to use physical force? And to what degree?

  • The Frugal Videogamer Post author

    A recommendation for you – SCP-738 –
    It's a desk that offers a Deal with the Devil, but written in a unique way.

  • Ferra Joachim Post author

    Can you please do a video on video gaming freedom and the constitution since all these politicians want to blame gaming for mass killings and want to censor it or ban its sell. Can you show why they dont have a case? Or do?

  • Rene Figueroa Post author

    I adore you both!!!!! Omg! I love you so much!!!!!! Legal Eagle and Thomas Frank! 😀

  • TullyNipp Post author

    I think this series is really highlighting just how much people really should consult professional advisors, be they legal, financial, or whatever.

    Google can give you a basic gist of a concept but licenced professionals have a holistic knowledge of their field and will probably save you more time and money than you think you're saving by doing it yourself..

  • Benjamin Dzalto Post author

    as a wrestling fan this reminds me of john oliver and i think one vincent kennedy mcmahon should watch this

  • Jonathan Matthews Post author

    Gawd I love your segways into your sponsors.

  • ExGamArs Post author

    Legaleagle – you should do a Q&A for your channel.
    I'm sure a lot of subscribers have a lot of questions for you, like I remember in your Kardashian video that you said a lawyer needs to pass something in every state to work as a lawyer in those states, so I was wondering how many you are able to represent in. Also is it possible to do all of them, and what ones would you recommend people take?

  • Mike Manley Post author

    I would love to see your take on the Copyright suit against Katy Perry's "Dark Horse" song. I have seen some commentary that it may have lasting effects on the way we see copyright laws for musicians.

  • La guida FB Post author

    Please react to the Batman white knight comic

  • Peter Booth Post author

    2 of my favorite youtubers! Thanks for this guys

  • PJ Meis Post author

    Suggestion: could you please do a legal review of the Trump administration vs the State of California over the law the state passed requiring primary candidates running in Cali to release their tax returns?

  • ArtAway Post author

    Man, yesterday he was at d'avellas, now legaleagle. Really productive fella

  • Jeffery Walston Post author

    Objection: the tax benefits of an LLC are not just that it can be taxed as a pass-through entity but that an LLC can choose how they wish to be taxed. They can be taxed as a Sole Proprietorship, Partnership, SCorp, or Corporation. As a CPA this is another reason (other then legal protection) I recommend the LLC as a legal entity because you aren't limited from a tax planning prospective.

  • CFOperator Post author

    Hey LegalEagle have you seen "The Trial" by Tim Heidecker? You will absolutely die laughing I swear

  • iammaxhailme Post author

    my friend's company turned everyone from employees into contractors so they didn't have to provide healthcare, but they didn't provide a raise and still insisted on 9-5 hours. unfortunately despite misleading stats, it's really hard to get a job nowadays, so not many people quit even though they were getting totally dicked over

  • Jesse Moore Post author

    Not a tremendous fan of this interview as it threw me off right away in the first 2min30sec. Keep up the diversification, try new things, and experiment. Effing love u dude

  • Johannes Brahms Post author

    European countries double tax too, only in a more crafty way. The VAT is their method of double dipping from income.

  • CommodoreGroovy Post author

    Very helpful and timely for me! Thanks!

  • mparantha Post author

    As a former contractor who is looking to become a small business owner, I really love this video! I think I've watched it 3x!

  • fartinmartin Post author

    the searching legalese statement is so relatable. So often I am asked to create NDAs and what not and I find myself taking old NDAs and "making edits" and then going wait, I have no idea if my edits are legally binding or voiding other things. So i differ to legal. but spend a lot of time googling.
    It would be nice to know important pieces or different types of documents and what are the fundamental pieces that are legally binding and what are wishy-washy less binding parts. (without having to go to law school that is) So I can flag things and interpret things better. WHEREAS can i put anything I want in an NDA and if they sign its good as gold?

  • Christopher Coon Post author

    Could you do a video on all of the laws in the Netflix show 13 reasons why?

  • Cinderfelluhs Post author

    can we get a dr mike collab where you both watch medical dramas together like house md, or grey’s anatomy, and while dr mike explains the medical issues, you explain the legal issues?

  • Gavx Online Post author

    These videos are amazing.

  • matt boles Post author

    is this a trump hotel?

  • Achilleas Valioulis Post author

    How easy is it for jury members to disregard invalid evidence when they know it exists?

  • Stobesyy Post author

    this is by far the best video format you're producing at the moment.I hope these keep popping up!

  • Deanna Jackson Post author

    I've seen so many lease operating truck drivers, who are technically employees to the motor carriers they work for, who are illegally on the books as independent contractors. It's why when I got my CDL, I decided to never go near being a lease operator. Your contract tethers you to the company you're leasing your rig from, even though an independent contractor shouldn't be forced to work for that single company. This is a recurring issue in the trucking industry.

  • Morrissey Post author

    Can you please give us your opinion on the amazing movie with Kevin Bacon “Murder In The First” thanks

  • Jai Cilento I Love That Guy ʕ•ᴥ•ʔߛ ̋ Post author

    ☼ omg my mom is my boss o_0. this whole time i thought i was independent.

  • Marco Meijer Post author

    This talk is pretty US-centric. Here in the Netherlands, you can't just fire your employees. It's actually kind of difficult. There are certain rules for collective firing, for example if your company is having financial problems. For firing a specific person, there are yet other rules. If an employee is behaving particularly outrageously of course, you can fire them and all that. But you need to be able to prove you had a good reason.

    On the other hand, self-employed people are kind of determined by the time they spend at a single employer. They recently made the rules around that much stricter, even. I suppose it's one of the easiest to use methods for spotting false self-employment.

    Personally I feel mixed about that. I get why they do it, there is a lot of abuse from delivery companies and such. But I'm in IT, and I can easily make triple a normal wage if I'm self-employed, if not more. Wages haven't risen much, but companies are willing to pay a lot for self-employed people. It's a bit weird. I may not have all the social securities and benefits from a job, and we are comparing net wage versus an income that still needs to be taxed, but even then, the difference is easily large enough to account for that difference. I would much rather have false employment in my trade, since I'd just have a better income that way.

  • mrmccranky Post author

    I would like your thoughts on shows like NCIS. Do those investigators actually have authority to investigate murders anywhere? like, in episodes, they just wave their NCIS badge and people immediatly give them whatever they want.

  • roninpawn Post author

    My question about taxes and LLCs is this: Right now I'm "self-employed," making me the employer AND the employee. That means that I pay ~9% of my employee's (me) FICA taxes for the year, and then I pay my employed 9% FICA obligation (also me) for the same year. So roughly 1/5th of my total income vanishes into just FICA taxes. Yeah, go cry on someone else's shoulder, C-Type corporations. So simply: if I incorporate as an LLC, does that stop the 20% FICA situation? Do I cease being taxed for two halves of something that is normally a shared obligation between two parties, which it turns out I only am on paper when someone wants to squeeze me dry?

  • jayw654 Post author

    Never EVER do a contract 1099 job. Always go for jobs as an employee.

  • TheGhostOfSabotage Post author

    I am loving this series, getting to know the ins and outs of real world thoughts about law with business', YouTube and more. Thanks. 😀

  • That Guy Post author

    Worlds best advice: Get everything in writing, verbal means shit.

  • Mild Soul Post author

    Was the point of the lasr ad bit to parody binging with babish? Because it reminded me of that so much

  • N H Post author

    OBJECTION Judge! , (State-specific, CA [From what I recall this is your state as it is mine]) I assert that there is no primary authority/statue that defines protections against the at-will concept for 1099's without the finding that the 1099's was misclassified as a w2. (Did I misunderstand him? Did he say that at-will does not apply to 1099's as they do with w2's. Would that conclude that stopping a contactor from finishing the scope of the task(verbal or written) may trigger a breach? Or does the Trial Court require a finding of miscategorization? )
    After reviewing,
    An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month.

    (Amended by Stats. 1971, Ch. 1607.)

    It possible this can be read that if your a 1099 your term is active until the (verbal/written assigned) task is completed??
    Respectfully submitted.

  • Michael Solomon Post author

    Objection: You don't mention a very important point if you want them to be a contractor: hire their company, not them. If they don't have a company, that looks more like an employee.

  • Tom Routson Post author

    Objection! Why no discussion of how important state laws are? AKA with the recent Dynamex decision in California, the test used to determine who is an independent contractor/employee is now the ABC test. This test is far different from the common law test and makes it very hard to prove that a worker is actually an independent contractor.

  • Tyler Brown Post author

    I realized that what you learn in college helps you be a better employee after college…

    You don't say

  • tuban body slammer Post author

    Hey I'm just curious do you still want to be a lawyer? Just because you've been making a lot more videos lately

  • interrobangings Post author


  • Desecration Post author

    8:15 That still begs the question as to whether they are an employee at that point because there are companies that will monopolize the time of the IC. My old firm used to by overworking the ICs couple with standard "corporate secret" clauses in their contracts. The IC devs didn't really have much of a "choice".

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