Issue link: http://read.dmtmag.com/i/467731
w w w. v w m m e d i a . c o m M a r - A p r 2 015 | V I N E YA R D & W I N E RY M A N A G E M E N T 9 7 opportunity to learn about wine from local, independent vintners and prohibit their freedom to work as volunteers, even with the execu- tion of signed waivers. If your win- ery has been engaged in any of the practices described above, or there is any doubt about a volunteer's, contractor's or employee's clas- sification, seek the assistance of competent counsel to guide you through compliance with Califor- nia's ever-growing and complex regulatory requirements. A small business's misclassifica- tion of an employee or volunteer may result in costly payment of back wages and penalties, as was the case at Westover Winery. CREATIVE COMPLIANCE California legislators could better serve their constituents by carving out an exception for small agribusi- nesses, family-run businesses and tion members of California's state government to provide a much- needed exception. Michael Cahill is an attorney who practices in a wide range of com- mercial and financial litigation and advisement for businesses across Southern California. He may be reached through feedback@vwm- media.com. Richard A. Rodriguez-Campbell is the founder and managing part- ner of The Law Office of Richard A. Rodriguez-Campbell, APC, in Walnut Creek, Calif. His practice focuses on business litigation, real property, employment issues and wine law throughout Northern Cali- fornia. He can be reached at rich- ard@rarclaw.com or through www. rarclaw.com Comments? Please e-mail us at feedback@vwmmedia.com. those with few employees, permit- ting those individuals truly inter- ested in learning about a specific industry to be classified as "volun- teers." This could easily be accom- plished by a regulatory scheme that requires informing volunteers of the issues involved with volun- teer classification (i.e. no workers' compensation protection from the state), followed by the execution of a waiver. F o r n o w, h o w e v e r, w i n e r i e s and small businesses will have to think of creative solutions to comply with these regulations and still remain in business. Given the DIR's handling of Westover, vintners, ranchers and farmers who rely on the neighbor-helping- neighbor philosophy must be very careful in seeking purely voluntary help. Small agribusinesses inter- ested in changing the current laws regarding the use of volunteers are encouraged to organize and peti-